Sullivan v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1692V Filed: August 13, 2024

L.S., a minor, by and through his parent and natural guardian, AMY SULLIVAN, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.

Emilie Williams, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1 On November 1, 2018, petitioner, Amy Sullivan, filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq., 2 (the “Vaccine Act”). Petitioner alleges that her minor child, L.S., suffered Hematuria and Henoch-Schonlein purpura (HSP) as a result of his October 19, 2016 diphtheria, tetanus, and pertussis vaccination. (ECF No. 1; ECF No. 74 (“Stipulation,” filed August 13, 2024), ¶ 1.) On January 9, 2022, petitioner filed an amended petition alleging that L.S.’s Hematuria and HSP was a result of his June 8, 2016 hepatitis B, measles, mumps, and rubella (MMR), and varicella-zoster virus (VZV) vaccines. (ECF No. 4; Stipulation at ¶ 1.) Petitioner further alleges that L.S. has experienced the residual effects of his condition for more than six months, that there has been no prior award or settlement of a civil action for damages as a result of his condition, and that Because this document contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the document will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.

If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. A “Vinesign” form appended to the attached stipulation has already been omitted because it contained petitioner’s personal contact information.

National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). his vaccine was administered in the United States. (ECF No. 1, ¶¶ 3, 12-13; ECF No. 43, ¶¶ 2, 16-17; Stipulation at ¶¶ 3-5. “Respondent denies that any of the vaccines caused or significantly aggravated L.S.’s alleged hematuria/HSP or any other injury or his current condition.” Stipulation at ¶ 6.

Nevertheless, on August 13, 2024, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, I award the following compensation: • A lump sum of $5,000.00, which represents compensation for past reimbursable expenses, in the form of a check payable to petitioner; and • An amount of $35,000.00 to purchase the annuity contract described in paragraph 10 of the Stipulation, paid to the life insurance company form which the annuity will be purchased.

Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under § 15(a). Id. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision. 3

IT IS SO ORDERED.

s/Daniel T. Horner Daniel T. Horner Special Master

Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review.