VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00259 Package ID: USCOURTS-cofc-1_18-vv-00259 Petitioner: Robert Brooks, as Executor of the Estate of Duretta Brooks Filed: 2018-02-20 Decided: 2020-10-08 Vaccine: pneumococcal conjugate Vaccination date: 2017-05-09 Condition: angioedema Outcome: compensated Award amount USD: 200000 AI-assisted case summary: Robert Brooks, as Executor of the Estate of Duretta Brooks, filed a petition on February 20, 2018, alleging that his mother, Duretta Brooks, suffered angioedema as a result of receiving a pneumococcal conjugate (PCV13) vaccine on May 9, 2017. The petition further alleged that Mrs. Brooks' death was a sequela of her angioedema. Respondent denied that Mrs. Brooks suffered any injury as a result of the vaccine or that her death was a sequela of the alleged vaccine-related angioedema. Despite the denial, the parties filed a joint stipulation on damages on September 9, 2020. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, a lump sum of $200,000.00 was awarded to the petitioner, representing compensation for all items of damages available under § 15(a). The decision directed the clerk of the court to enter judgment in accordance with the decision, absent a motion for review. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00259-0 Date issued/filed: 2020-10-08 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 9/14/2020) regarding 54 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (tkp) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00259-UNJ Document 59 Filed 10/08/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-259V Filed: September 14, 2020 UNPUBLISHED ROBERT BROOKS, as Executor of the Estate of DURETTA BROOKS, Joint Stipulation on Damages; Petitioner, Pneumococcal conjugate vaccine; v. Angioedema. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Diana Lynn Stadelnikas, Maglio Christopher and Toale, PA, Sarasota, FL for petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On February 20, 2018, petitioner filed a petition on behalf of his deceased mother’s estate 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 mother suffered angioedema as a result of her receipt of the pneumococcal conjugate (“PCV13”) vaccine on May 9, 2017, and that her death was a sequala of her angioedema. Petition at p. 1; Stipulation, filed September 9, 2020, at ¶ 2-4. Petitioner further alleges that there has been no prior award or settlement of a civil action for damages on behalf of Mrs. Brooks as result of her condition and/or death. Petition at p. 3; Stipulation at ¶¶ 5. “Respondent denies that petitioner’s mother (“Mrs. Brooks”) suffered any injury as a result of the PCV13 vaccine administered on or about May 9, 2016, and denies that Mrs. Brooks’ death was a sequela of her allegedly vaccine- related angioedema.” Stipulation at ¶ 6. 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 1:18-vv-00259-UNJ Document 59 Filed 10/08/20 Page 2 of 2 Nevertheless, on September 9, 2020, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation 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: A lump sum of $200,000.00 in the form of a check payable to petitioner. 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