Rogers v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1349V Filed: November 19, 2025

JUSTIN ROGERS, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.

Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1 On October 14, 2016, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program (“Vaccine Act”), 42 U.S.C. § 300aa-10, et seq.2 Petitioner initially alleged that he suffered optic neuritis (“ON”) and multiple sclerosis (“MS”) as a result of his October 24, 2013 Human Papillomavirus (“HPV”) vaccination. Petition at 1. Petitioner later amended his petitioner to allege that he suffered ON and MS as a result of the HPV and/or Meningococcal vaccines he received on October 24, 2013. Amended Petitioner at 1; Stipulation, filed November 18, 2025, at ¶¶ 1-2, 4. Petitioner further alleges that he 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 his vaccine was administered in the United States. Amended Petition at 2, 5-6; Stipulation at ¶¶ 3-5.

“Respondent denies that the HPV and Meningococcal vaccines caused petitioner to suffer from ON, MS, or any other injury or his current condition, and denies that the

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.

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). vaccines significantly aggravated ON, MS, or any other injury or condition.” Stipulation at ¶ 6.

Nevertheless, on November 18, 2025, 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: 1) A lump sum of $209,835.08, which amount represents compensation for first year life care expenses and pain and suffering, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner; and 2) An amount sufficient to purchase the annuity contract described in paragraph 10 of the Joint Stipulation, to be paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”).

Stipulation at ¶ 8. These amounts represent 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.