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 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 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.