COHEN v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 19-1740V Filed: May 28, 2026

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JONATHAN COHEN and JESSICA * COHEN, as parents and natural guardians of *

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S.C., a minor, deceased, *

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Petitioners, *

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v. *

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SECRETARY OF HEALTH AND * HUMAN SERVICES, *

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Respondent. *

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Timothy J. Mason, Law Office of Sylvia Chin-Caplan, LLC, Boston, MA, for Petitioners. Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1

On November 8, 2019, Jonathan Cohen and Jessica Cohen (“Petitioners”) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioners, as parents and natural guardians of S.C., a minor, deceased, allege he developed a seizure disorder that resulted in his death from the measles, mumps, rubella (“MMR”), hepatitis A (“Hep A”), and pneumococcal (“PCV-13”) vaccines he received on January 30, 2017. See Stipulation ¶ 2, 4, dated May 28, 2026 (ECF No. 105); see also Petition.

Respondent denies “that S.C.’s January 30, 2017 Hep A, MMR, and/or PCV-13 vaccinations caused his alleged seizure disorder, any other injury, or his death.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation filed May 28, 2026, that the issues before them can be settled and that a decision should be entered awarding Petitioners compensation.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.3

The stipulation awards: a lump sum of $100,000.00 to be paid through an ACH deposit to petitioner[s’] counsel’s IOLTA account for prompt disbursement to petitioners as legal representatives of the estate of S.C.

Stipulation ¶ 8. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id.

I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioners. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith.4

IT IS SO ORDERED. s/ Jennifer A. Shah Jennifer A. Shah Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS JONATHAN COHEN and JESSICA COHEN, as Parents and Natural Guardians of S.C., a Minor, Deceased,

No. 19-1740V

Petitioners, Special Master Shah

ECF v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

STIPULATION

The parties hereby stipulate to the following matters:

1. Jonathan and Jessica Cohen (“petitioners”) filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the “Vaccine Program”) on behalf of their minor son, S.C. The petition seeks compensation for injuries allegedly related to S.C.’s receipt of hepatitis A (“Hep A”), measles, mumps, and rubella (“MMR”), and/or pneumococcal (“PCV-13”) vaccines, which vaccines are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a)

2. S.C. received the Hep A, MMR, and PCV-13 vaccines on January 30, 2017. 3. The vaccines were administered within the United States.

4. Petitioners allege that the Hep A, MMR, and/or PCV-13 vaccines caused S.C. to suffer a seizure disorder that later resulted in his death on January 4, 2018.

5. Petitioners represent that there has been no prior award or settlement of a civil action for damages on S.C.’s behalf as a result of the alleged injury.

6. Respondent denies that S.C.’s January 30, 2017 Hep A, MMR, and/or PCV-13 vaccinations caused his alleged seizure disorder, any other injury, or his death.

7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation.

8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioners have filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payment for all damages that would be available under 42 U.S.C. § 300aa-15(a):

A lump sum of $100,000.00 to be paid through an ACH deposit to petitioners’ counsel’s IOLTA account for prompt disbursement to petitioners as legal representatives of the estate of S.C.

9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioners have filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys’ fees and costs incurred in proceeding upon this petition.

10. Petitioners and petitioners’ attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.

11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds.

12. Petitioners represent that they presently are, or within 90 days of the date of judgment will become, duly authorized to serve as legal representatives of the estate of S.C., under the laws of North Carolina. No payment pursuant to this Stipulation shall be made until petitioners provide the Secretary with documentation establishing petitioners’ appointment as legal representatives of S.C.’s estate. If petitioners are not authorized by a court of competent jurisdiction to serve as legal representative of the estate of S.C. at the time a payment pursuant to this Stipulation is to be made, any such payment shall be paid to the party or parties appointed by a court of competent jurisdiction to serve as legal representative of the estate of S.C. upon submission of written documentation of such appointment to the Secretary.

13. In return for the payments described in paragraphs 8 and 9, petitioners, in their individual capacity, and on behalf of their heirs, executors, administrators, successors or assigns, do forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of S.C. resulting from, or alleged to have resulted from, the Hep A, MMR, and/or PCV-13 vaccines administered on or about January 30, 2017, as alleged by petitioners in a petition for vaccine compensation filed on or about November 8, 2019, in the United States Court of Federal Claims as petition No. 19-1740V.

14. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties’ settlement and this Stipulation shall be voidable at the sole discretion of either party.

15. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement.

16. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the Hep A, MMR, and/or PCV-13 immunizations, either singly or in combination, caused S.C.’s alleged seizure disorder, any other injury, or his death.

17. All rights and obligations of petitioners hereunder shall apply equally to petitioners’ heirs, executors, administrators, successors, and/or assigns as the legal representative(s) of the estate of S.C.

END OF STIPULATION

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