Cooper v. Secretary of Health and Human Services

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS (Filed: November 23, 2016) No. 15-471V

* * * * * * * * * * * * * UNPUBLISHED RONALD COOPER, as parent and * next friend of J.C., a minor * Decision on Joint Stipulation; * Sixth Cranial Nerve Palsy; Petitioner, * Influenza (“Flu”) Vaccine. * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * *

Howard Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for petitioner. Michael P. Milmoe, US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Roth, Special Master:

On May 8, 2015, Ronald Cooper [“Mr. Cooper” or “petitioner”] filed a petition for compensation on behalf of his minor child, J.C., under the National Vaccine Injury Compensation Program.2 Petitioner alleges that J.C. developed Sixth Cranial Nerve Palsy as a

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 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).

1 result of receiving an influenza vaccination on November 24, 2012. See Stipulation, filed November 23, 2016, at ¶¶ 1-4. Respondent denies that the influenza immunization caused J.C.’s injury. Stipulation at ¶ 6.

Nevertheless, the parties have agreed to settle the case. On November 23, 2016, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.

Pursuant to the terms stated in the attached Stipulation, the undersigned awards a lump sum of $85,000.00 in the form of a check payable to Ronald Cooper as legal representative of J.C.3 This amount represents compensation for all damages that would be available under § 300aa-15(a).

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

3 “Petitioner represents that he presently is, or within 90 days of the date of the judgment will become, duly authorized to serve as guardian/conservator of J.C.’s estate under the laws of the Commonwealth of Massachusetts.” Stipulation at ¶ 13. “No payments pursuant to this Stipulation shall be made until petitioner provides the Secretary with documentation establishing his appointment as guardian/conservator of J.C.’s estate. If petitioner is not authorized by a court of competent jurisdiction to serve as guardian/conservator of the estate of J.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 guardian(s)/conservator(s) of the estate of J.C. upon submission of written documentation of such appointment to the Secretary.” Id. 4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2