Hamilton v. Secretary of Health and Human Services
Opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS No. 20-62V Filed: January 20, 2026
* * * * * * * * * * * * * LAURA HAMILTON, * parent of D.H., a minor, *
* Petitioner, *
* *
v. *
* SECRETARY OF HEALTH * AND HUMAN SERVICES, *
* Respondent. *
* * * * * * * * * * * * * Ronald C. Homer, Esq., Conway, Homer, P.C., Boston, MA, for petitioner.
Rachelle Bishop, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On January 21, 2020, Laura Hamilton filed a petition for compensation under the National Vaccine Injury Compensation Program. 2 Petitioner alleges that her minor child D.H. developed transverse myelitis (“TM”) as a result of the Diphtheria-Tetanus-acellular-Pertussis (“DTaP”), hepatitis B (“Hep B”), haemophilus influenzae (“Hib”), inactivated polio (“IPV”), pneumococcal conjugate and rotavirus vaccinations he received on February 15, 2017. Stipulation, filed January 20, 2026, at ¶¶ 1-4. Respondent denies that any of the aforementioned immunizations caused petitioner’s injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On January 20, 2026, the parties filed a joint stipulation 3 agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment:
a. A lump sum of $14,041.43, which amount represents compensation for past unreimbursable expenses, to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner; b. A lump sum of $9,468.37, representing reimbursement of a South Dakota Department of Social Services Medicaid lien for services rendered on behalf of D.H., in the form of a check payable jointly to petitioner and
South Dakota Department of Social Services Attn: Brittany McDonald 700 GOVERNORS DRIVE PIERRE, SD 57501-2291 Debt ID#: 000409694 Medicaid ID #: 001322657
Petitioner agrees to endorse this check to the South Dakota Department of Social Services. c. An amount of $135,000.00 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").
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. 4
IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master
Case-law data current through September 30, 2026. Source: CourtListener bulk data.