Jones v. Secretary of Health and Human Services

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 11-433V Filed: November 13, 2015 Not for Publication

************************************* STEPHANIE JONES and MICHAEL * JONES, as Parents and Legal * Representatives of Their Minor Son, J.J., * Damages decision based on * stipulation; diphtheria-tetanus- Petitioners, * acellular pertussis (“Tdap”) * vaccine; hepatitis B vaccine; v. * inactivated polio virus vaccine; * pneumococcal conjugate vaccine; SECRETARY OF HEALTH * rotavirus vaccine AND HUMAN SERVICES, * * Respondent. * * ************************************* Ramon Rodriguez, III, Richmond, VA for petitioners. Jennifer L. Reynaud, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES 1

On November 13, 2015, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms.

On July 1, 2011, petitioners filed a petition on behalf of their son J.J. for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa- 10–34 (2012) (“Vaccine Act”). Petitioners allege that J.J. suffered intussusception as a result of his receipt of the diphtheria-tetanus-acellular pertussis (“Tdap”), hepatitis B, inactivated polio

1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioners have 14 days to identify and move to delete such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall delete such material from public access. virus, pneumococcal conjugate, and rotavirus vaccines on July 10, 2008. Respondent denies that these vaccines caused J.J.’s intussusception or any other injury or condition. Nonetheless, the parties agreed to resolve this matter informally.

The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards:

a. a lump sum of $10,000.00 in the form of a check payable to petitioners as guardians/conservators of the estate of J.J., for the benefit of J.J. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a); and

b. a lump sum of $11,451.81, representing reimbursement of a lien for services rendered on behalf of J.J. The award shall be in the form of a check for $11,451.81 made payable jointly to petitioners and

First Recovery Group, LLC Attn: Nameer Kajy 26899 Northwestern Hwy Suite 250 Southfield, MI 48033 FRG’s File No.: 283422-113011

Petitioners agree to endorse this check to the appropriate State agency.

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. 2

IT IS SO ORDERED.

Dated: November 13, 2015 s/ Laura D. Millman Laura D. Millman Special Master

2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2