Quance v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-271V Filed: April 18, 2018 Not for Publication ************************************* JOSEPH QUANCE and ANGELA * QUANCE, as Parents of E.J.Q., * * Petitioners, * * * v. * Damages decision based on stipulation; * Measles-Mumps-Rubella (“MMR”), * Varicella, Pheumococcal conjugate SECRETARY OF HEALTH * (“PCV 13”), and Hepatitis A vaccines; AND HUMAN SERVICES, * acute disseminated encephalomyelitis * (“ADEM”) Respondent. * * ************************************* Andrew M. Krueger, Middleton, WI, for petitioners.

Glenn A. MacLeod, Washington, DC, for respondent.

MILLMAN, Special Master DECISION AWARDING DAMAGES1 On April 18, 2018, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioners allege that their daughter E.J.Q. suffered from acute disseminated encephalomyelitis (“ADEM”) that was caused by her receipt of Measles-Mumps-Rubella (“MMR”), Varicella, Pneumococcal conjugate (“PCV 13”), and Hepatitis A vaccines on or about March 21, 2012. Respondent denies that the MMR, Varicella, PCV 13, and Hepatitis A vaccines caused E.J.Q. to suffer ADEM or any other injury.

Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document=s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall redact such material from public access.

Nonetheless, the parties agreed to resolve this matter informally.

The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $200,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2012). No payment shall be made until petitioners provide respondent with documentation establishing that they have been appointed as the guardians/conservators of E.J.Q.’s estate.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2

IT IS SO ORDERED.

Dated: April 18, 2018 /s/ Laura D. Millman Laura D. Millman Special Master

Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review.

Case 1:14-vv-00271-UNJ Document 75 Filed 04/18/18 Page 1 of 6 Case 1:14-vv-00271-UNJ Document 75 Filed 04/18/18 Page 2 of 6 Case 1:14-vv-00271-UNJ Document 75 Filed 04/18/18 Page 3 of 6 Case 1:14-vv-00271-UNJ Document 75 Filed 04/18/18 Page 4 of 6 Case 1:14-vv-00271-UNJ Document 75 Filed 04/18/18 Page 5 of 6 Case 1:14-vv-00271-UNJ Document 75 Filed 04/18/18 Page 6 of 6