Rice v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-321V

Filed: October 21, 2019 * * * * * * * * * * * * *

ASHLEY RICE and CRAIG RICE * UNPUBLISHED parents of R.R, a minor, * *

Petitioners, * Decision on Joint Stipulation; * Acute Hemorrhagic v. * Leukoencephalitis (“AHLE”); * Acute Disseminated SECRETARY OF HEALTH * Encephalomyelitis (“ADEM”); AND HUMAN SERVICES, * Measles-mumps-rubella * (“MMR”) Vaccine; Hepatitis A Respondent. * Vaccine; Influenza Vaccine * * * * * * * * * * * * *

Edward Kraus, Esq., Law Offices of Chicago Kent, Chicago, IL, for petitioner.

Traci Patton, Esq., US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

Roth, Special Master:

On April 21, 2014, Ashley and Craig Rice [“Mr. and Mrs. Rice” or “petitioners”] filed a petition for compensation under the National Vaccine Injury Compensation Program 2 on behalf of their minor child, R.R. Petitioners allege that R.R. suffered from acute hemorrhagic leukoencephalitis (“AHLE”), a severe form of acute disseminated encephalomyelitis (“ADEM”) after receiving measles-mumps-rubella (“MMR”), hepatitis A, and influenza vaccinations on March 26, 2012. Stipulation, filed Oct. 18, 2019, at ¶¶ 1-4. Respondent denies that any of the aforementioned immunizations caused R.R.’s injury or her current condition. Stipulation at ¶ 6.

Nevertheless, the parties have agreed to settle the case. On October 18, 2019, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.

Respondent agrees to issue the following payments: (1) A lump sum of $741,454.94, representing compensation for first year life care expenses ($141,454.94) and trust seed funds ($600,000.00), in the form of a check payable to Regions Bank, as trustee of the grantor reversionary trust established for the benefit of R.R.; (2) A lump sum of $586,000.00, representing compensation for lost earnings and pain and suffering, in the form of a check payable to petitioners as guardian(s)/conservator(s) of the estate of R.R., for the benefit of R.R. No payments shall be made until petitioners provide respondent with documentation establishing that they have been appointed as guardian(s)/conservator(s) of R.R.’s estate; (3) A lump sum of $14,000.00, representing compensation for past unreimbursable expenses, in the form of a check payable to petitioners, Ashley and Craig Rice; (4) A lump sum of $172,366.03, representing reimbursement of a lien for services rendered on behalf of R.R., in the form of a check payable jointly to petitioners and DHHS

Reporting and Receivables

P.O. Box 8355

Columbia, SC 29202-9189

Case Number: 327172

Attn: Latwainia Benjamin (5) An amount sufficient to purchase the annuity contract described in paragraph 10 of the stipulation attached hereto, paid to the life insurance company from which the annuity will be purchased. This amount represents compensation for all damages that would be available under § 300aa-15(a).

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