VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01792 Package ID: USCOURTS-cofc-1_17-vv-01792 Petitioner: Samantha Destura Filed: 2020-05-05 Decided: 2020-07-08 Vaccine: meningococcal Vaccination date: 2016-08-04 Condition: erythema multiforme (EM) and/or toxic epidermal necrolysis (TEN) Outcome: compensated Award amount USD: 100000 AI-assisted case summary: Samantha Destura filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging she suffered from erythema multiforme (EM) and/or toxic epidermal necrolysis (TEN) as a result of a meningococcal vaccination received on August 4, 2016. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused these conditions or any other injury. Despite maintaining their positions, both parties agreed to settle the case. A joint stipulation was filed on May 5, 2020, agreeing that the issues could be resolved through a settlement and that compensation should be awarded. The Special Master reviewed the stipulation and found it to be reasonable, adopting it as the decision in the case. The stipulation awarded Samantha Destura a lump sum of $100,000.00 as compensation for all available damages. The Special Master approved this award, and judgment was to be entered accordingly. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01792-0 Date issued/filed: 2020-07-08 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 5/5/2020) regarding 43 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01792-UNJ Document 47 Filed 07/08/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1792V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * SAMANTHA DESTURA, * * Filed: May 5, 2020 Petitioner, * * * v. * Decision by Stipulation; Damages; * Meningococcal Vaccine; Erythema SECRETARY OF HEALTH AND * Multiforme (“EM”); Toxic Epidermal HUMAN SERVICES, * Necrolysis (“TEN”). * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Mollie Gorney, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 14, 2017, Samantha Destura (“Petitioner”) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioner alleges she suffered from erythema multiforme (“EM”) and/or toxic epidermal necrolysis (“TEN”) as a result of the meningococcal vaccination she received on August 4, 2016. See Stipulation ¶ 2, 4, dated May 5, 2020 (ECF No. 42); see also Petition. 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the ruling will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the Decision in its present form will be available. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. Case 1:17-vv-01792-UNJ Document 47 Filed 07/08/20 Page 2 of 7 Respondent denies “that the meningococcal vaccine cause petitioner to suffer from EM and/or TEN, and denies that the meningococcal vaccine caused any other injury or petitioner’s current condition.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above- stated positions, agreed in a stipulation filed May 5, 2020 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: a lump sum of $100,000.00 in the form of a check payable to [P]etitioner. Stipulation ¶ 8. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. 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.3 IT IS SO ORDERED. s/ Katherine E. Oler Katherine E. Oler Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. Case 1:17-vv-01792-UNJ Document 47 Filed 07/08/20 Page 3 of 7 Case 1:17-vv-01792-UNJ Document 47 Filed 07/08/20 Page 4 of 7 Case 1:17-vv-01792-UNJ Document 47 Filed 07/08/20 Page 5 of 7 Case 1:17-vv-01792-UNJ Document 47 Filed 07/08/20 Page 6 of 7 Case 1:17-vv-01792-UNJ Document 47 Filed 07/08/20 Page 7 of 7