VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00582 Package ID: USCOURTS-cofc-1_13-vv-00582 Petitioner: S.F. Filed: 2013-08-15 Decided: 2016-12-07 Vaccine: DTaP, IPV, MMR, Varicella Vaccination date: Condition: encephalitis Outcome: compensated Award amount USD: 80000 AI-assisted case summary: On August 15, 2013, Amber Franklin filed a petition on behalf of her minor child, S.F., under the National Vaccine Injury Compensation Program. The petition alleged that S.F. developed encephalitis as a result of receiving diphtheria-tetanus-acellular pertussis (DTaP), inactivated poliovirus (IPV), measles-mumps-rubella (MMR), and/or varicella vaccines. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused or aggravated S.F.'s encephalitis or any other injury. The parties subsequently filed a joint stipulation for damages, agreeing that compensation should be awarded. Special Master Thomas L. Gowen reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded S.F. $35,000.00 to reimburse a State of Michigan Medicaid lien, payable jointly to petitioner and the State of Michigan Department of Health and Human Services, Third Party Liability Division. Petitioner agreed to endorse this payment to the State. Additionally, S.F. was awarded a lump sum of $45,000.00, payable to petitioner on behalf of S.F., representing compensation for all remaining damages. The total award amounted to $80,000.00. The Special Master approved the requested compensation amount, and judgment was ordered to be entered in accordance with the terms of the stipulation. Scott W. Rooney represented the petitioner, and Ryan D. Pyles represented the respondent. The decision was issued on December 7, 2016. Theory of causation field: Petitioner alleged that S.F. developed encephalitis as a result of receiving diphtheria-tetanus-acellular pertussis (DTaP), inactivated poliovirus (IPV), measles-mumps-rubella (MMR), and/or varicella vaccines. Respondent denied that the vaccines caused or aggravated S.F.'s encephalitis or any other injury. The parties filed a joint stipulation for damages, agreeing to an award of $80,000.00, comprising $35,000.00 for a State of Michigan Medicaid lien and $45,000.00 for all remaining damages. The public decision does not describe the specific theory of causation, medical experts, onset of symptoms, diagnostic tests, treatments, or the mechanism of injury. Special Master Thomas L. Gowen approved the stipulation on December 7, 2016. Petitioner's counsel was Scott W. Rooney, and respondent's counsel was Ryan D. Pyles. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00582-0 Date issued/filed: 2017-01-06 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 12/08/2016) regarding 77 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00582-UNJ Document 85 Filed 01/06/17 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-582V Filed: December 8, 2016 * * * * * * * * * * * * * UNPUBLISHED AMBER FRANKLIN as Next Friend of * S.F., a minor, * * Petitioner, * Special Master Gowen * v. * Joint Stipulation on Damages; * Diphtheria-Tetanus-Acellular SECRETARY OF HEALTH * Pertussis (“DTaP”) Vaccine; AND HUMAN SERVICES, * Inactivated Poliovirus (“IPV”) * Vaccine; Measles-Mumps-Rubella Respondent. * (“MMR”) Vaccine; Varicella * Vaccine; Encephalitis * * * * * * * * * * * * * Scott W. Rooney, Nemes, Rooney P.C., Farmington Hills, MI, for petitioner. Ryan D. Pyles, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On August 15, 2013, Amber Franklin a petition on behalf of her minor child, S.F., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to 34 (2012). Petitioner alleged that S.F. developed encephalitis as a result of receiving diphtheria- tetanus-acellular pertussis (“DTaP”), inactivated poliovirus (“IPV”), measles-mumps-rubells (“MMR”), and/or varicella vaccines. Stipulation at ¶ 1. On December 7, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the vaccines, either singly or 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, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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 (2012) (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 Case 1:13-vv-00582-UNJ Document 85 Filed 01/06/17 Page 2 of 8 in combination, caused and/or significantly aggravated S.F.’s alleged encephalitis and/or any other injury. Stipulation at ¶ 6. 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 in compensation: a. A lump sum of $35,000.00, which amount represents reimbursement of a State of Michigan Medicaid lien, in the form of a check payable jointly to petitioner and State of Michigan Michigan Dep’t of HHS Third Party Liability Division P.O. Box 30053 Lansing, MI 48909 Petitioner agrees to endorse this payment to the State; and b. A lump sum of $45,000.00 in the form of a check payable to petitioner, on behalf of S.F. This amount represents compensation for all remaining damages that would be available under 42 U.S.C. § 300aa-15(a). Id. at ¶ 8. The undersigned approves the requested amount for petitioner’s compensation. Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen 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. 2 Case 1:13-vv-00582-UNJ Document 85 Filed 01/06/17 Page 3 of 8 Case 1:13-vv-00582-UNJ Document 85 Filed 01/06/17 Page 4 of 8 Case 1:13-vv-00582-UNJ Document 85 Filed 01/06/17 Page 5 of 8 Case 1:13-vv-00582-UNJ Document 85 Filed 01/06/17 Page 6 of 8 Case 1:13-vv-00582-UNJ Document 85 Filed 01/06/17 Page 7 of 8 Case 1:13-vv-00582-UNJ Document 85 Filed 01/06/17 Page 8 of 8