Siciliano v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-253V Filed: August 31, 2016 * * * * * * * * * * * * * * * * UNPUBLISHED SCOTT SICILIANO and KATHLEEN * SICILIANO, on behalf of E.S., * * Special Master Gowen Petitioners, * * Joint Stipulation on Damages; v. * Haemophilus Influenzae Type-B; * Kawasaki Disease.

SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioners.

Christine M. Becer, United States Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1 On March 11, 2015, Scott Siciliano and Kathleen Siciliano (“petitioners”) filed a petition on behalf of their minor daughter, E.S., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioners alleged that as a result of receiving a Haemophilus Influenzae Type-B (“Hib”) vaccination on January 23, 2013, E.S. suffered Kawasaki disease. Stipulation ¶ 2, 4, filed Aug. 31, 2016. Further, petitioners alleged that E.S. experienced

Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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).

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, U.S.C. §§ 300aa-1 to -34 (2012) (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. residual effects of this injury for more than six months. Id. at ¶ 4.

On August 31, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the Hib vaccination caused E.S. to suffer Kawasaki disease or any other injury, or her current condition. Id. at ¶ 6. Nevertheless, 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 $5,000.00, in the form of a check payable to petitioners, as legal representatives of E.S. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

Id. at ¶ 8.

The undersigned approves the requested amount for petitioners’ compensation.

Accordingly, an award should be made consistent with the stipulation.

The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED.

s/ Thomas L. Gowen Thomas L. Gowen Special Master

Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.