Mather v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-614V Filed: August 2, 2018 Not for Publication *************************************** GRACE L. MATHER, * * Petitioner, * * Tetanus, diphtheria, acellular pertussis v. * (“Tdap”), meningococcal, and human * papillomavirus (“HPV”) vaccines; SECRETARY OF HEALTH * dermatomyositis AND HUMAN SERVICES, * * Respondent. * *************************************** F. John Caldwell, Sarasota, FL, for petitioner.

Althea W. Davis, Washington, DC, for respondent.

MILLMAN, Special Master DECISION AWARDING DAMAGES 1 On July 15, 2014, petitioner’s father James Mather filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-10–34 (2012), alleging that tetanus, diphtheria, and acellular pertussis (“Tdap”), meningococcal, and human papillomavirus (“HPV”) vaccines administered August 15, 2011 to his minor daughter caused her dermatomyositis whose onset was on or about September 15, 2011. When Mr. Mather’s minor daughter reached her majority, the undersigned issued an Order on June 26, 2018 naming her as petitioner. Petitioner further alleges that she experienced the residual effects of this injury for more than six months.

Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal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

On August 1, 2018, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Respondent denies that Tdap, meningococcal, and HPV vaccinations caused petitioner to suffer dermatomyositis or any other injury. Nonetheless, the parties agreed to resolve this case informally.

The undersigned finds the terms of the stipulation to be reasonable, 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 undersigned awards the following vaccine compensation payments under 42 U.S.C. § 300aa-15(a) (2012): a. A lump sum payment of $230,000.00 in the form of a check made payable to petitioner, Grace L. Mather; and b. An amount sufficient to purchase the annuity contract described in paragraph 10 of the stipulation.

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

IT IS SO ORDERED.

Dated: August 2, 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.