United States Court of Federal Claims, 2016

Rawson v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided February 22, 2016 · Lisa Hamilton-Fieldman

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-707V Filed: January 29, 2016

* * * * * * * * * * * * * * * * UNPUBLISHED AMY L. SCHIPPORIET, natural mother and * guardian of M.R.R., a minor, *

* Special Master Hamilton-Fieldman Petitioner, *

* Joint Stipulation on Damages; v. * Human Papillomavirus (“HPV”)

* Vaccines; Hepatitis A Vaccines; SECRETARY OF HEALTH * Immune Thrombocytopenic AND HUMAN SERVICES, * Purpura (“ITP”).

Respondent. *

* * * * * * * * * * * * * * * * Carol L. Gallagher, Carol L. Gallagher, Esquire, LLC, Linwood, NJ, for Petitioner. Debra A. Begley, United States Department of Justice, Washington, D.C., for Respondent.

DECISION1

On August 5, 2014, Amy L. Schipporiet2 (“Petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program, on behalf of her minor child M.R.R.3 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner filed an amended Petition on June 23, 2015, alleging “causation in fact [for] injury (ies) sustained following the HPV [“Human Papillomavirus”] / Gardasil #1 and Hepatitis A #1 vaccines administered on August 15, 2011, and for aggravation of injuries sustained following the July 26, 2012 administration of HPV/Gardasil #2, Hepatitis A #2, Tdap4, and MCV4 vaccines resulting in Immune Thrombocytopenic Purpura (“ITP”)5.” Amended Petition, ECF No. 42, at 1.6

On January 26, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Stipulation, ECF No. 58. Respondent denies that the HPV, Hepatitis A, or Tdap vaccines caused, and/or significantly aggravated, Petitioner’s condition or any other injury. However, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

The parties stipulate that Petitioner shall receive the following compensation: A lump sum of $110,000.00 in the form of a check payable to Petitioner as guardian/conservator of M.R.R.’s estate. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

Stipulation ¶ 8.

The undersigned approves the requested amount for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.7

IT IS SO ORDERED. s/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this decision on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). 2 Petitioner originally filed the Petition under a different last name, Amy L. Rawson. See Petition, at 1. The undersigned subsequently granted Petitioner’s Motion to Amend the Case Caption to reflect Petitioner’s new last name. Orders, ECF Nos. 52, 57. 3 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 4 Although Petitioner listed Tdap as vaccine that significantly aggravated a prior condition, the parties ultimately agreed that the “Tdap vaccine [did not] play[] any role in causing or significantly aggravating M.R.R.’s alleged injury.” Stipulation, ECF No. 58, at n.1. However, the Stipulation includes that “Respondent denies that M.R.R.’s ITP, or any other condition, was caused-in-fact and/or significantly aggravated by her HPV and/or Hepatitis A vaccines . . . and/or her Tdap vaccine administered on July 26, 2012.” Stipulation, at 2. 5 Immune Thrombocytopenic Purpura and Idiopathic Thrombocytopenia Purpura, both referred to as ITP, are noted to be used interchangeably. See Stipulation, at 2, n. 2. 6 Petitioner initially alleged that Human Papillomavirus (“HPV”), more specifically Gardasil, vaccinations and Hepatitis A vaccinations administered on August 15, 2011 and July 26, 2012 caused M.R.R. to develop “Immune Thrombocytopenic Purpura” (“ITP”). Petition (“Pet.”), ECF No. 1, at 1-2. Petitioner ultimately amended her Petition to reflect the vaccines and injuries noted above. See Amended Pet. at 1. 7 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.

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