United States Court of Federal Claims, 2025

D&039;ERRICO v. SECRETARY OF HEALTH AND HUMAN SERVICES

United States Court of Federal Claims · Decided July 21, 2025 · Herbrina D S Young

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: June 24, 2025 * * * * * * * * * * * * * * * TINA D’ERRICO and PAUL D’ERRICO * on behalf of R.D., a minor child, *

Petitioners, * No. 19-81V

v. * Special Master Young

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

Respondent. *

* * * * * * * * * * * * * * * Diana Lynn Stadelnikas, Mctlaw, Sarasota, FL, for Petitioners.

Madelyn Weeks, United States Department of Justice, Washington, DC, for Respondent.

DECISION1 On January 16, 2019, Tina D’Errico and Paul D’Errico (“Petitioners”) filed a petition on behalf of R.D., a minor child, for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2018). Petitioners alleged that the measles-mumps-rubella (“MMR”) and varicella vaccines R.D. received on June 2, 2017, caused R.D. to suffer from acute demyelinating encephalomyelitis (“ADEM”). Pet., ECF No. 1.

On June 23, 2025, the parties filed a stipulation (attached as Appendix A)3 in which they state that a decision should be entered awarding compensation to Petitioners. Stipulation ¶ 7, ECF No. 56. Respondent “denies that the vaccines caused-in-fact R.D.’s alleged injuries, any other injury, or her current condition.” Id. ¶ 6. Nevertheless, the parties agree to the joint stipulation. See id. ¶ 7. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein.

The parties stipulate that Petitioners shall receive the following compensation:

(a) An amount of $95,000.00 to purchase the 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”).

Id. ¶ 8. These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

I approve the requested amount for Petitioners’ compensation. Accordingly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.4

IT IS SO ORDERED. s/Herbrina D.S. Young Herbrina D.S. Young 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 have 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. 2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. 3 The attached stipulation omits the AssureSign Document Completion Report to avoid unnecessary disclosure of Petitioners’ personal information. 4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.

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