SCOTT v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: November 22, 2023

************************* ROBERT SCOTT and ANGELA M. * UNPUBLISHED KECK as Co-Conservators of the Estate * of Minor, A.K., *

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Petitioners, * No. 18-915V

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v. * Special Master Dorsey

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SECRETARY OF HEALTH * Decision Based on Stipulation; Diphtheria- AND HUMAN SERVICES, * Tetanus-Acellular Pertussis (“DTaP”)

* Vaccine; Hepatitis B (“Hep B”) Vaccine; * Inactivated Polio Vaccine (“IPV”);

Respondent. * Haemophilus Influenzae Type B (“Hib”)

* Vaccine; Pneumococcal conjugate Vaccine; * Transverse Myelitis (“TM”).

************************* LeLand F. Dempsey, Dempsey & Kingsland, P.C., Kansas City, MO, for Petitioners. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION BASED ON STIPULATION1

On June 26, 2018, Jessica Cook and Brandon Keck, as legal representatives of A.K., filed a petition in the National Vaccine Injury Program2 alleging that as a result of a diphtheria- tetanus-acellular pertussis (“DTaP”), hepatitis B (“Hep B”), inactivated polio (“IPV”), haemophilus influenzae type b (“Hib”), and Pneumococcal conjugate vaccines administered on September 15, 2015, A.K. developed transverse myelitis (“TM”). Petition at Preamble (ECF No. 1). On August 15, 2023, Robert Scott and Angela Keck, as co-conservators of the estate of minor A.K. (“Petitioner”), were substituted as the current Petitioners along with a second amended petition.3 Second Amended Petition (ECF No. 118).

On November 21, 2023, the parties filed a stipulation recommending an award of compensation to Petitioner. Stipulation (ECF No. 121). Respondent denies that the Tdap, Hep B, IPV, Hib, and/or Pneumococcal conjugate vaccines caused A.K.’s TM, or any other injury, and denies that A.K.’s current condition is a sequalae of a vaccine-related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

The parties stipulate that Petitioners shall receive the following compensation: a. A lump sum of $1,047,256.50, which amount represents compensation for first year life care expenses ($38,371.92) and trust seed funds ($1,008,884.58), in the form of a check payable to Regions Bank, as trustee of the grantor reversionary trust established for the benefit of A.K.;

b. A lump sum of $250,000.00, which amount represents compensation for partial lost future earnings, in the form of a check payable to Petitioners as co- conservators of the estate of A.K. for the benefit of A.K.;

c. A lump sum of $78,563.29, which amount represents compensation for past unreimbursable expenses, in the form of a check payable to Petitioners, Robert Scott Keck and Angela M. Keck;

d. A lump sum of $33,003.23, representing reimbursement of a State of Missouri

Medicaid lien for services rendered on behalf of A.K., in the form of a check payable jointly to Petitioners and

Optum Subrogation Services L-3994 Columbus, OH 43260-3994 Optum File #: SN23385893 Attn: Karen Challeen

Petitioners agree to endorse this check to Optum Subrogation Services. e. An amount sufficient to purchase the annuity contract described in paragraph

10 of the stipulation, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”); and

f. An amount of $250,000.00 to purchase the annuity contract described in paragraph 11 of the stipulation, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”).

Stipulation at ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

The undersigned approves the requested amount for Petitioners’ compensation. Accordingly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.4

IT IS SO ORDERED. s/Nora B. Dorsey Nora B. Dorsey Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

ROBERT SCOTT and ANGELA M. ) KECK as Co-Conservators of the Estate ) of Minor, A.K., )

) Petitioners, ) No. 18-915V v. ) Special Master Dorsey

) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, )

) Respondent. )

STIPULATION

The parties hereby stipulate to the following matters:

1. On behalf of their granddaughter, A.K., petitioners filed a second amended petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 to 34 (the “Vaccine Program”).1 The petition seeks compensation for injuries allegedly related to A.K.’s receipt of the Diphtheria, Tetanus, acellular Pertussis (“DTaP”); Hepatitis B (“Hep. B”); inactivated Poliovirus (IPV); Haemophilus Influenzae type B (“HIB”); and pneumococcal conjugate vaccines, which vaccines are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3 (a).

2. A.K. received the subject immunizations on September 15, 2015. 3. These vaccines were administered within the United States.

4. Petitioners allege that the subject vaccines caused A.K. to develop transverse myelitis (“TM”), and that A.K. experienced residual effects of this injury for more than six months.