United States Court of Federal Claims, 2024

Colon v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided February 1, 2024 · Thomas L. Gowen

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: December 22, 2023 * * * * * * * * * * * * *

APRIL COLON, *

As parent and natural guardian of infant, *

C.L., * *

Petitioner, * No. 20-521V * v. * Special Master Gowen *

SECRETARY OF HEALTH *

AND HUMAN SERVICES, * *

Respondent. * * * * * * * * * * * * * *

Bruce Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for petitioner. Rachelle Bishop, US. Dept. of Justice, Washington, D.C., for respondent.

DECISION ON STIPULATION 1 On April 28, 2020, April Colon (“petitioner”), as parent and natural guardian of her infant, C.L., filed a petition for compensation in the National Vaccine Injury Compensation Program. 2 Petition (ECF No. 1). Petitioner alleged that, as a result of receiving the HPV vaccine on April 11, 2018, C.L. suffered from injuries including optic neuritis, spasm of accommodation, optic atrophy, pseudmyopia, paresthesia in the bilateral lower extremities, lower leg weakness, and fatigue. Id. at Preamble.

On December 19, 2023, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 83). Respondent denies that the HPV vaccine “caused C.L. to suffer from [optic neuritis] or any other injury or her current condition.” Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties agree “that the issues between them shall be settled” and that a decision awarding compensation shall be entered according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7.

The stipulation provides:

1) An amount of $42,500.00 to purchase an 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”). This amount represents compensation for all damages that will 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. Accordingly, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the stipulation and this decision. 3 IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master

1 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. 2 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. 3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a).

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