Rosso v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: August 29, 2024 * * * * * * * * * * * * * MICHAEL ROSSO, * as parent and natural guardian of E.R., * a minor, * * Petitioner, * No. 21-2107V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Laura Levenberg, Muller Brazil, Dresher, PA, for petitioner.

Mark K. Hellie, U.S. Department of Justice, Washington, D.C., for respondent.

DECISION ON STIPULATION1 On October 29, 2021, Michael Rosso, as parent and natural guardian of E.R. (“petitioner”), filed a claim in the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleges that the measles, mumps, and rubella (“MMR”) and the varicella vaccines that E.R. received on July 29, 2020, caused her to develop immune thrombocytopenia purpura (“ITP”). Id. On August 29, 2024, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 41). Respondent denies that the MMR or the varicella vaccines caused E.R.’s ITP, any other injury, or any other condition.

Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree that the Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. issues between them shall be settled and that a decision should be entered awarding the compensation according to the terms of the stipulation attached hereto as Appendix A.3 Id. at ¶ 7.

The stipulation awards: 1) A lump sum payment of $3,453.71, which amount represents compensation for past unreimbursable expenses, in the form of a check payable to petitioner, Michael Rosso; and 2) An amount of $34,046.29 to purchase the annuity contract described in paragraph 10, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”).

These amounts represent compensation for all damages that would be available under 42 U.S.C. § 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 SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.4 IT IS SO ORDERED.

s/Thomas L. Gowen Thomas L. Gowen Special Master

The stipulation was signed by Vinesign and the Vinesign form was omitted from this decision as it discloses personal information of petitioner.

Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). inesign Document ID: FAB692FF-B00D-44D1-808D-ADFB100F9928

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

E.R. a minor, by and through her parent and natural guardian, MICHAEL ROSSO, No. 21-2107V Special Master Gowen Petitioner, ECF v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

STIPULATION The parties hereby stipulate to the following matters: 1. Michael Rosso ("petitioner"), on behalf of his minor daughter, E.R., filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to -34 (the "Vaccine Program"). The petition seeks compensation for injuries related to E.R.'s receipt of the measles, mumps, and rubella ("MMR") and varicella vaccines, which are vaccines contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).

2. E.R. received the MMR and varicella vaccines on July 29, 2020. 1 3. The vaccines were administered within the United States.

4. Petitioner alleges that E.R. suffered from immune thrombocytopenic purpura ("ITP") after receiving the MMR and varicella vaccines. Petitioner also alleges that E.R. experienced the residual effects of these injuries for more than six months.

5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on E.R.' s behalf as a result of E.R.' s alleged injuries.

E.R. also received Hepatitis A and DTaP vaccines on October 1, 2020.

he signed document can be validated at https://app.vinesign.comNerify