Carson v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: August 5, 2025 ************************* HEATHER CARSON, parent of Z.C., * a minor, * * Petitioner, * No. 20-1059V * v. * Special Master Young * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * ************************* Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.

Felicia Langel, United States Department of Justice, Washington, DC, for Respondent.

DECISION 1 On August 21, 2020, Heather Carson (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program 2 on behalf of her minor child, Z.C. 42 U.S.C. §§ 300aa-10 to -34 (201); Pet. at 1, ECF No. 1. Petitioner alleged that the diphtheria, tetanus, acellular pertussis (“DTaP”), hepatitis B, inactivated polio (“IPV”), and pneumococcal conjugate (“PVC”) vaccines Z.C. received on August 28, 2017, resulted in Z.C. developing alopecia. Pet. at 1. Petitioner further alleged that she experienced the residual effects of her injury for more than six months. Stipulation at 1, ECF No. 53.

On August 4, 2025, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Stipulation at ¶ 7. Respondent “denies that Z.C.’s alleged injury or its residual effects were caused-in-fact by the DTaP, Hep B, IPV, and PVC 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.

National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. vaccines; denies that the DTaP, Hep B, IPV, and PCV vaccines caused any other injury or condition; and denies that Z.C.’s current condition is a sequela of a vaccine-related injury.” Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. Id. at ¶ 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 Petitioner shall receive the following compensation: A lump sum of $120,000.00 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner as guardian/conservator of Z.C.’s estate. This amount represents compensation for all damages that would be available under U.S.C. § 300aa-15(a).

Id. at ¶ 8.

I approve the requested amount for Petitioner’s 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. 3 IT IS SO ORDERED.

s/Herbrina D. S. Young Herbrina D. S. Young Special Master

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