United States Court of Federal Claims, 2017

Franklin v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided January 6, 2017 · Thomas L. Gowen

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-582V

Filed: December 8, 2016 * * * * * * * * * * * * * UNPUBLISHED AMBER FRANKLIN as Next Friend of *

S.F., a minor, * *

Petitioner, * Special Master Gowen * v. * Joint Stipulation on Damages; * Diphtheria-Tetanus-Acellular SECRETARY OF HEALTH * Pertussis (“DTaP”) Vaccine; AND HUMAN SERVICES, * Inactivated Poliovirus (“IPV”) * Vaccine; Measles-Mumps-Rubella Respondent. * (“MMR”) Vaccine; Varicella * Vaccine; Encephalitis * * * * * * * * * * * * *

Scott W. Rooney, Nemes, Rooney P.C., Farmington Hills, MI, for petitioner.

Ryan D. Pyles, United States Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On August 15, 2013, Amber Franklin a petition on behalf of her minor child, S.F., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to 34 (2012). Petitioner alleged that S.F. developed encephalitis as a result of receiving diphtheria- tetanus-acellular pertussis (“DTaP”), inactivated poliovirus (“IPV”), measles-mumps-rubells (“MMR”), and/or varicella vaccines. Stipulation at ¶ 1.

On December 7, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the vaccines, either singly or in combination, caused and/or significantly aggravated S.F.’s alleged encephalitis and/or any other injury. Stipulation 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 in compensation: a. A lump sum of $35,000.00, which amount represents reimbursement of a State of Michigan Medicaid lien, in the form of a check payable jointly to petitioner and State of Michigan Michigan Dep’t of HHS Third Party Liability Division P.O. Box 30053 Lansing, MI 48909 Petitioner agrees to endorse this payment to the State; and b. A lump sum of $45,000.00 in the form of a check payable to petitioner, on behalf of S.F. This amount represents compensation for all remaining damages that would be available under 42 U.S.C. § 300aa-15(a).

Id. at ¶ 8.

The undersigned approves the requested amount for petitioner’s compensation. Accordingly, 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

1 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). 2 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 (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. 3 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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