In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS
************************* RANDY PATTON, * No. 22-286V * Petitioner, * * Special Master Christian J. Moran v. * * Filed: January 2, 2024 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * *************************
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner; Alec Saxe, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION 1
On December 28, 2023, the parties filed a joint stipulation concerning the petition for compensation filed by Randy Patton on March 11, 2022. Petitioner alleged that the influenza vaccine he received on November 1, 2019, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer from injuries including Idiopathic Thrombocytopenia Purpura (ITP) and related sequalae. Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her 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 in the website. Respondent denies that petitioner suffered from ITP, denies that the vaccine caused petitioner’s alleged injury or any other injury, and denies that petitioner’s current condition is a sequela of a vaccine-related injury.
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:
A lump sum of $75,000.00 in the form of a check payable to petitioner. This amount represents 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.
2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
RANDY PATTON,
Petitioner, No. 22-286V Special Master Moran V. ECF
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Randy Patton ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the " Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3(a)
2. Petitioner received a flu vaccine on November I, 2019.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he suffered idiopathic thrombocytopenia purpura ("ITP") and
related sequalae that were caused by the flu vaccine. Petitioner fu11her alleges that he suffered
the residual effects of the alleged injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on petitioner's behalf as a result of the alleged injury. 6. Respondent denies that petitioner suffered from ITP; denies that the vaccine caused
petitioner's alleged injury, or any other injury; and denies that petitioner's current condition is a
sequela of a vaccine-related injury.
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 petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(I), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $75,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S .C. § 300aa-2 l (a)(l ), 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. Petitioner and petitioner' s 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.
2 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. The parties and their attorneys further agree and stipulate that, except for any award
for attorney's fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulati on will be used so lely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C.
Free access — add to your briefcase to read the full text and ask questions with AI
In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS
************************* RANDY PATTON, * No. 22-286V * Petitioner, * * Special Master Christian J. Moran v. * * Filed: January 2, 2024 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * *************************
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner; Alec Saxe, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION 1
On December 28, 2023, the parties filed a joint stipulation concerning the petition for compensation filed by Randy Patton on March 11, 2022. Petitioner alleged that the influenza vaccine he received on November 1, 2019, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer from injuries including Idiopathic Thrombocytopenia Purpura (ITP) and related sequalae. Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her 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 in the website. Respondent denies that petitioner suffered from ITP, denies that the vaccine caused petitioner’s alleged injury or any other injury, and denies that petitioner’s current condition is a sequela of a vaccine-related injury.
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:
A lump sum of $75,000.00 in the form of a check payable to petitioner. This amount represents 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.
2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
RANDY PATTON,
Petitioner, No. 22-286V Special Master Moran V. ECF
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Randy Patton ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the " Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3(a)
2. Petitioner received a flu vaccine on November I, 2019.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he suffered idiopathic thrombocytopenia purpura ("ITP") and
related sequalae that were caused by the flu vaccine. Petitioner fu11her alleges that he suffered
the residual effects of the alleged injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on petitioner's behalf as a result of the alleged injury. 6. Respondent denies that petitioner suffered from ITP; denies that the vaccine caused
petitioner's alleged injury, or any other injury; and denies that petitioner's current condition is a
sequela of a vaccine-related injury.
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 petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(I), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $75,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S .C. § 300aa-2 l (a)(l ), 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. Petitioner and petitioner' s 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.
2 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. The parties and their attorneys further agree and stipulate that, except for any award
for attorney's fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulati on will be used so lely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa- l 5(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's
individual capacity, and on behalf of petitioner's heirs, executors, admin istrators, successors or
assigns, does forever irrevocably and unconditiona lly 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-l 0 et seq., on acco unt of, or in any way growing out
of, any and al l known or unknown, suspected or unsuspected personal injuries to or death of
petitioner resulting from, or alleged to have resulted from , the flu vaccination administered on or
about November 1, 2019, as alleged by petitioner in a petition for vaccine compensation filed on
March 11 , 2022, in the United States Court of Federal Claims as petition No. 22-286V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
3 15. 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 shal l be voidable at the so le discretion of either party.
16. This Stipulation expresses a full and comp lete 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 express ly 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.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged injury or
any other injury or his current disabilities.
I 8. All rights and obl igations of petitioner hereunder shall apply equa lly to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
I I I I I I I I I I
4 R-.:spcctrully subm i1ted.
PETITION FR:
RA&G;,&1◊~ ATTORNEY OF RF.CORD FOR AUTI IORIZl~D REl)RESLNTATIVF PETITIONER: OF THE ATf'ORNEY CiENER1\L:
~ ½-9~ IIEATIIER L. PEARUvlAN Jeffrey S. Pop & Associ:llcs Deputy Dir-.:ctor 9150 Wilsh ire Blvd. Torts Brandi Beverly Hi ll:.. CA 90212 Civil DiYision (JI 0) 273-5462 U.S. Department ol' Justice j pop@poplawyer.com P.O. Box 146 Benjamin f-rnnklin Stntio11 Washington. DC 2004<1-0 146
AUTHORIZED REPRESENTATIVE A'nORNEY or- RECORD r-rm OF ll IE SECRETARY OF I IEALTH RESPONDENT: AND HU/\·IAN SERVICES: George R. Grimes -0191tallyslgnedbyGeor9eR Grrmes S14 S14 Date: 2023. 12.11 20:38:12 05'00'
CDR GEORGE REED GRIMES. MD, MPH Al.EC SAXE Director. Division of Injury Tria l Allomc:,, Compcnsali()n Programs Torts Bnmch Hcnlth Systems Bureau Civil Divisi0n Health Resources and Services U.S. Department or .lustic~· Adrninistr:ition P.O. Box 146 U.S. Department of I lt:n lth Benjamin Frnnkli11 Station and Human Services Washington. DC 20044-014 6 5600 Fishers Lane, 08W-25A (202) 353-7722 Rockville. MD 20857 alcc.snxc@usdoj.gov
Dated: