United States Court of Federal Claims, 2019

Cook v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided February 22, 2019 · Laura D. Millman

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-1275V

Filed: January 29, 2019

Not to be Published *************************************

BETH COOK on behalf of B.T., a *

Minor Child, * *

Petitioner, * Damages decision based on * stipulation; diphtheria tetanus v. * acellular pertussis/polio * (“DTaP/IPV”); influenza (“flu”) SECRETARY OF HEALTH * vaccine; chronic inflammatory AND HUMAN SERVICES, * demyelinating polyneuropathy * (“CIDP”) Respondent. * * *************************************

Danielle A. Strait, Seattle, WA, for petitioner.

Althea Walker Davis, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On January 29, 2019, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that her child, B.T., suffered from an inflammatory demyelinating polyneuropathy or chronic inflammatory demyelinating polyneuropathy (“CIDP”) that was caused by his October 24, 2013 receipt of diphtheria tetanus acellular pertussis/polio (“DTaP/IPV”), influenza (“flu”), measles mumps rubella (“MMR”), and varicella vaccines. Respondent denies that these vaccines caused petitioner’s child’s CIDP or any other injury. 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. A lump sum of $154,000.00 in the form of a check payable to petitioner, Beth Cook, as guardian/conservator of B.T.’s estate; and b. A lump sum of $11,000.00 in the form of a check payable to petitioner, Beth Cook, which amount represents compensation for past unreimbursed medical expenses.

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: January 29, 2019 /s/ Laura D. Millman Laura D. Millman Special Master

1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). This means the decision will be available to anyone with access to the Internet. 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 delete 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 delete such material from public access. 2 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.

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