Mason v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-487V

Filed: August 4, 2017 * * * * * * * * * * * * * * *

KAYLA MASON, on Behalf of * UNPUBLISHED E.F., * * Decision on Joint Stipulation; Petitioner, * Evan’s Syndrome, Thrombocytopenia, v. * Coombs’ Positive hemolytic anemia, * Pancytopenia, and Neutropenia; SECRETARY OF HEALTH * Diphtheria-Tetanus-acellular Pertussis AND HUMAN SERVICES, * (“DTaP”), Haemophilus Influenza Type B * (“Hib”), Inactivated Polio Virus (“IPV”), Respondent. * Pneumococcal Conjugate (“PCV”), and * Hepatitis B (“Hep B”) vaccinations * * * * * * * * * * * * * * * *

Mark T. Sadaka, Esq., Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.

Jennifer L. Reynaud, Esq., U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1 Roth, Special Master:

On June 6, 2014, Kayla Mason (“Ms. Mason,” or “petitioner”) filed a petition for compensation on behalf of her minor child, E.F., under the National Vaccine Injury Compensation Program.2 Petitioner alleges that E.F. developed Evan’s Syndrome, thrombocytopenia, Coombs’ positive hemolytic anemia, pancytopenia, and neutropenia that was either “caused-in-fact” or, in the alternative, significantly aggravated as a result of receiving the Diphtheria-Tetanus-acellular Pertussis (“DTaP”), Haemophilus Influenza Type B (“Hib”), Inactivated Polio Virus (“IPV”), Pneumococcal Conjugate (“PCV”), and Hepatitis B (“Hep B”) vaccinations on May 14, 2012. See Petition (“Pet.”), ECF No. 1. Respondent denies that the DTaP, Hib, IPV, PCV, and Hep B, alone or in combination caused E.F.’s alleged injuries. See Stipulation at ¶ 6, ECF No. 50.

Nevertheless, the parties have agreed to settle the case. On August 4, 2017, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment: a. An amount sufficient to purchase the annuity contract described in paragraph 10 below, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”). This amount represents compensation for all damages that would be available under § 300aa-15(a), except as set forth in paragraph 8.b; and b. A lump sum of $87,455.78, which amount represents reimbursement of a Medicaid lien for services rendered on behalf of E.F., in the form of a check payable jointly to petitioner and

Ohio Department of Medicaid Ohio Tort Recovery Unit Worthington Rd., Suite G Westerville, OH 43082

Case Number: 985208

Petitioner agrees to endorse this payment top the State.

I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3

IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master