VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00687 Package ID: USCOURTS-cofc-1_13-vv-00687 Petitioner: DAVID BECKER, parent of DB, a minor Filed: 2013-09-16 Decided: 2020-05-04 Vaccine: Hepatitis A, MMR, Varicella Vaccination date: 2010-09-17 Condition: encephalopathy Outcome: compensated Award amount USD: AI-assisted case summary: On September 16, 2013, David Becker, as the parent of minor D.B., filed a petition for compensation under the National Vaccine Injury Compensation Program. He alleged that D.B. suffered encephalopathy as a result of receiving Hepatitis A, measles-mumps-rubella (MMR), and varicella vaccines on September 17, 2010, and experienced residual effects for more than six months. The respondent denied that the vaccines caused D.B.'s alleged encephalopathy or any other injury. Despite this denial, the parties filed a joint stipulation on April 7, 2020, agreeing that compensation should be awarded. Special Master Daniel T. Horner found the stipulation reasonable and adopted it as the decision of the Court. The decision awards compensation sufficient to purchase an annuity contract as described in the stipulation, representing damages for all available items. Petitioner's counsel was Robert Joel Krakow. Respondent's counsel was Ryan Daniel Pyles. The public decision does not describe the specific onset of symptoms, clinical course, diagnostic tests, treatments, or expert witnesses. Judgment was to be entered in accordance with this decision. Theory of causation field: Petitioner alleged that D.B. suffered encephalopathy as a result of receiving Hepatitis A, measles-mumps-rubella, and varicella vaccines on September 17, 2010, and experienced residual effects for more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Special Master Daniel T. Horner. The stipulation did not detail the specific theory of causation or provide expert testimony. The award was for an amount sufficient to purchase an annuity contract representing damages for all available items. The public text does not describe the mechanism of injury or any specific medical experts. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00687-1 Date issued/filed: 2020-05-04 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 4/7/2020) regarding 98 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (et) Service on parties made. -------------------------------------------------------------------------------- Case 1:13-vv-00687-UNJ Document 102 Filed 05/04/20 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-687V Filed: April 7, 2020 UNPUBLISHED DAVID BECKER, parent of DB, a minor, Joint Stipulation on Damages; Petitioner, Hepatitis A (Hep A) Vaccine; v. Measles-Mumps-Rubella (MMR) Vaccine; Varicella Vaccine; SECRETARY OF HEALTH AND Encephalopathy HUMAN SERVICES, Respondent. Robert Joel Krakow, Law Office of Robert J. Krakow, P.C. New York, NY, for petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On September 16, 2013, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that his child, D.B. suffered encephalopathy as a result of his receipt of Hepatitis A, measles-mumps-rubella, and varicella vaccines on September 17, 2010. Petition at p. 1; Stipulation, filed April 7, 2020, at ¶¶ 1-4. Petitioner further alleges that D.B experienced the residual effects of this injury for more than six months. Petition at p. 3; Stipulation at ¶4. “Respondent denies that the vaccines, either singly or in combination, caused D.B.’s alleged encephalopathy and/or any other injury.” Stipulation at ¶ 6. Nevertheless, on April 7, 2020, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation 1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will be posted on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. See 44 U.S.C. § 3501 note (2012) (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), petitioner has 14 days to identify and move to redact medical or other information the disclosure of which would constitute an unwarranted invasion of privacy. If the special master, upon review, agrees that the identified material fits within this definition, it will be redacted from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:13-vv-00687-UNJ Document 102 Filed 05/04/20 Page 2 of 8 reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: An amount sufficient to purchase the annuity contract as described in paragraph 10 of the attached stipulation. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under § 15(a). Id. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Daniel T. Horner Daniel T. Horner Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:13-vv-00687-UNJ Document 102 Filed 05/04/20 Page 3 of 8 Case 1:13-vv-00687-UNJ Document 102 Filed 05/04/20 Page 4 of 8 Case 1:13-vv-00687-UNJ Document 102 Filed 05/04/20 Page 5 of 8 Case 1:13-vv-00687-UNJ Document 102 Filed 05/04/20 Page 6 of 8 Case 1:13-vv-00687-UNJ Document 102 Filed 05/04/20 Page 7 of 8 Case 1:13-vv-00687-UNJ Document 102 Filed 05/04/20 Page 8 of 8