Dicianni v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-1548V Filed: April 19, 2017 UNPUBLISHED

**************************** BERNADETTE DICIANNI, and, * MICHAEL SZILAGYI, parents of D.S., * A minor, *

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Petitioner, * Joint Stipulation on Damages; v. * Measles-Mumps-Rubella (“MMR”);

* Thrombocytopenic purpura; SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, *

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Respondent. *

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**************************** Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner. Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

Dorsey, Chief Special Master:

On December 18, 2015, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq., 2 (the “Vaccine Act”). Petitioner alleges that D.S. suffered thrombocytopenic purpura following his December 26, 2012 measles-mumps-rubella (“MMR”) vaccination. Petition at 1; Stipulation, filed April 18, 2017, at ¶ 4. Petitioner further alleges that D.S. sustained the first symptoms or manifestation of onset of thrombocytopenic purpura within the time period set forth in the Vaccine Injury Table, that he experienced residual effects of this injury for more than six months after vaccination, that there is not a preponderance of evidence that D.S.’s condition is due to a factor unrelated to his December 26, 2012 MMR vaccination, and that there has been no prior award or settlement of a civil action for damages on behalf of D.S. as a result of his condition. Petition at 11; Stipulation at ¶¶ 4-5. Accordingly, the parties stipulate that “petitioners are entitled to compensation under the terms of the Vaccine Program.” Stipulation at ¶ 7.

On April 18, 2017, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation:

• A lump sum of $93,109.00 in the form of a check payable to petitioners as guardians/conservators of the estate of D.S. • A lump sum of $1,891.00, which amount represents reimbursement for out-of-pocket expenses, in the form of a check payable to petitioners in their individual capacity.

These amounts represents compensation for all items of damages that would be available under 42 U.S.C. § 300aa-15(a). Id. Stipulation at ¶ 8

The undersigned approves the requested amount for petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision. 3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master