Owens v. Secretary of Health and Human Services

• Court: United States Court of Federal Claims
• Decided: January 30, 2025
• Docket: 22-1370V
• Status: Published

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS

************************* JULIANA OWENS, * No. 22-1370V on behalf of her minor child, S.O. * * Petitioner, * * Special Master Christian J. Moran v. * * Filed: January 6, 2025 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * ************************* Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ, for Petitioner; Naseem Kourosh, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION 1

On January 2, 2025, the parties filed a joint stipulation concerning the petition for compensation filed by Juliana Owens on September 26, 2022. Petitioner alleged that the varicella vaccine her child S.O. received on February 25, 2021, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused S.O. to suffer from varicella vaccine-strain viral disease, inflammatory exanthem eczema, eczema exacerbation, and/or lichen striatus. Petitioner further alleges that S.O. suffered the residual effects of the condition(s) for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on S.O.’s behalf as a result of S.O.’s condition.

1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), the parties have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. Any changes will appear in the document posted on the website. Respondent denies that the vaccine caused or significantly aggravated S.O.’s injuries or any other injury or his current condition. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include:

An amount of $15,000.00 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 42 U.S.C. §300aa-15(a).

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.2

IT IS SO ORDERED.

s/Christian J. Moran Christian J. Moran Special Master

2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.