Gamardo v. Secretary of Health and Human Services

• Court: United States Court of Federal Claims
• Decided: May 22, 2015
• Docket: 13-797
• Status: Unpublished

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-797V Filed: May 1, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED LUIS GAMARDO, * * Special Master Hamilton-Fieldman Petitioner, * * Joint Stipulation on Damages; v. * Measles Mumps Rubella (“MMR”) * Vaccine; Idiopathic SECRETARY OF HEALTH * Thrombocytopenic Purpura (“ITP”). AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * *

Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner. Glenn MacLeod, United States Department of Justice, Washington, D.C., for Respondent.

DECISION 1

On October 15, 2013, Luis Gamardo (“Petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that the administration of a Measles, Mumps, and Rubella (“MMR”) vaccine on November 15, 2010 caused him to suffer from immune (or “idiopathic”) thrombocytopenic purpura (“ITP”).

On May 1, 2015, the parties filed a stipulation in which they state that a decision should 1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this ruling on the website of the United States Court of Federal Claims, 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 (2006)). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

1 be entered awarding compensation. Respondent denies that the MMR vaccine caused Petitioner’s ITP injury or any other injury and further denies that his current disabilities are a sequela of a vaccine-related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts 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 $50,000.00, in the form of a check payable to Petitioner, representing compensation for all damages that would be available under 42 U.S.C. § 300aa- 15(a).

Stipulation ¶ 8.

The undersigned approves 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 the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED.

s/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master

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

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