United States Court of Federal Claims, 2024

LEE v. SECRETARY OF HEALTH AND HUMAN SERVICES

United States Court of Federal Claims · Decided February 5, 2024 · Mindy Michaels Roth

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 17-1032V Filed: January 11, 2024

* * * * * * * * * * * * * TASHA LEE, as mother and natural * guardian of minor A.B., and JOSE * BOTELLO, as father and natural * guardian of minor A.B.,*

* Petitioners, *

v. *

* SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * Jeffrey Pop, Esq., Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Jennifer Shah, Esq., US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Roth, Special Master:

On July 31, 2017, Tasha Lee (“Ms. Lee”) and Jose Botello (“Mr. Botello”) (“petitioners”) filed a petition pursuant to the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa- 10 et seq.2 (“Vaccine Act” or “the Program”) on behalf of their child, A.B. Petitioners allege that A.B. developed Guillain-Barre Syndrome (“GBS”) as a result of the hepatitis A vaccination she received on May 3, 2016. Stipulation, filed January 11, 2024, at ¶¶ 1-4, ECF No. 80. Respondent denies that the vaccine caused A.B.’s injury. Stipulation at ¶ 6.

Nevertheless, the parties have agreed to settle the case. On January 11, 2024, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.

Respondent agrees to issue the following payment:

a) A lump sum of $5,000.00, which amount represents reimbursement of a lien for services rendered on behalf of A.B., in the form of a check payable to petitioner and The Rawlings Company LLC:

The Rawlings Company LLC

ATTN: Benjamin P. Jenks Reference No.: 117547475

P.O. Box 2000, La Grange, KY 40031-2000

Petitioners agree to endorse this check to The Rawlings Company. b) An amount of $20,000.00 to purchase the annuity contract described in paragraph 10 below, paid to the life insurance company from which the annuity will be purchased.

These amounts represent 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

1 Because this Decision 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 Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioners 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, the undersigned finds that the identified material fits within this definition, such material will be redacted from public access. 2 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). 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review.

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