VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02300 Package ID: USCOURTS-cofc-1_21-vv-02300 Petitioner: G.K. Filed: 2021-12-16 Decided: 2025-11-03 Vaccine: varicella Vaccination date: 2008-06-27; 2011-08-23 Condition: disseminated varicella vaccine-strain viral disease; varicella meningitis Outcome: compensated Award amount USD: 85628.56 AI-assisted case summary: On December 16, 2021, Raymond and Mary Keane filed a petition on behalf of their son, G.K., who was a minor at the time. They alleged that varicella vaccinations administered on June 27, 2008 and August 23, 2011 caused vaccine-strain varicella meningitis and disseminated varicella vaccine-strain viral disease. The public documents identify him as a minor but do not state his exact age. Respondent conceded entitlement on April 24, 2023, agreeing that G.K. was entitled to compensation for disseminated varicella vaccine-strain viral disease, a Table injury, and its sequelae. Special Master Nora Beth Dorsey found entitlement on April 25, 2023. The public rulings do not describe the onset of meningitis symptoms, hospitalization, diagnostic testing, treatment, or residual clinical course. On November 3, 2025, the Special Master awarded damages based on a proffer. The award included $628.56 for past unreimbursable expenses and $85,000.00 to purchase an annuity for pain and suffering, with future lump-sum payments scheduled for March 10, 2029, March 10, 2032, and March 10, 2035. The amount shown here reflects the annuity purchase price plus expenses, not the face value of all future annuity payments. Theory of causation field: Minor child G.K.; varicella vaccinations June 27, 2008 and August 23, 2011; disseminated varicella vaccine-strain viral disease / varicella meningitis. COMPENSATED. Respondent conceded Table injury and sequelae; entitlement April 25, 2023; damages November 3, 2025. Award cost $85,628.56 = $628.56 expenses + $85,000.00 annuity purchase for pain/suffering (future lump sums in 2029/2032/2035). SM Dorsey. Petition filed December 16, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02300-0 Date issued/filed: 2023-05-22 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 4/25/2023) regarding 47 Ruling on Entitlement. Signed by Special Master Nora Beth Dorsey. (kis) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02300-UNJ Document 49 Filed 05/22/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: April 25, 2023 * * * * * * * * * * * * * * * RAYMOND KEANE and MARY KEANE, * as parents and natural guardians of * UNPUBLISHED G.K., a minor, * * Petitioners, * No. 21-2300V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Ruling on Entitlement; Concession; AND HUMAN SERVICES, * Table Injury; Varicella Vaccine; * Disseminated Varicella Vaccine-Strain Respondent. * Viral Disease; Varicella Meningitis. * * * * * * * * * * * * * * * * Timothy J. Mason, Law Office of Sylvia Chin-Caplan, LLC, Boston, MA, for Petitioners. Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 16, 2021, Raymond Keane and Mary Keane (“Petitioners”), as parents and natural guardians of G.K., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program (“the Program”)2 alleging that as a result of varicella vaccinations administered to G.K. on June 27, 2008 and August 23, 2011, G.K. developed vaccine-strain varicella meningitis. Petition at Preamble (ECF No. 1). 1 Because this Ruling contains a reasoned explanation for the action in this case, the undersigned is required to post it 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 Ruling will be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b), Petitioners have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 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-10 to -34 (2018). All citations in this Ruling to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa. Case 1:21-vv-02300-UNJ Document 49 Filed 05/22/23 Page 2 of 2 On April 24, 2023, Respondent filed a report pursuant to Vaccine Rule 4(c) in which he concedes that Petitioners are entitled to compensation in this case. Respondent’s Report (“Resp. Rept.”) at 2. Based on a review of the medical records, Respondent states that “[P]etitioners, on behalf of G.K., have established the criteria set forth in the [Vaccine Injury] Table and the Qualifications and Aids to Interpretation (“QAI”) for disseminated varicella vaccine-strain viral disease.”3 Id. at 11. Further, “the first symptom of G.K.’s disseminated varicella vaccine-strain viral disease occurred in early February 2019, and the [p]etition was filed on December 16, 2021, within the three-year statute of limitations.” Id. Therefore, Petitioners are entitled to compensation for G.K.’s Table injury of vaccine-strain varicella meningitis and its sequelae. Id. at 12. A special master may determine whether a petitioner is entitled to compensation based upon the record. A hearing is not required. § 300aa-13; Vaccine Rule 8(d). In light of Respondent’s concession and a review of the record, the undersigned finds Petitioners are entitled to compensation. This matter will now proceed to the damages phase. IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Special Master 33 In their petition, Petitioners alleged G.K. is entitled to relief under the Act for on-Table disseminated varicella vaccine-strain viral disease and varicella vaccine-strain viral reactivation. Petition at 11-12. Respondent’s position is that Petitioners have not established the criteria set forth in the QAI for varicella vaccine-strain viral reactivation. Resp. Rept. at 11 n.3. ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-02300-1 Date issued/filed: 2025-12-01 Pages: 6 Docket text: PUBLIC DECISION (Originally filed: 11/3/2025) regarding 112 DECISION Proffer. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02300-UNJ Document 114 Filed 12/01/25 Page 1 of 6 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: November 3, 2025 * * * * * * * * * * * * * * * * * * * * * * * * * GREGORY KEANE, * PUBLISHED * Petitioner, * No. 21-2300V * v. * Special Master Nora Beth Dorsey * SECRETARY OF HEALTH * Damages Award; Varicella Vaccine; AND HUMAN SERVICES, * Disseminated Varicella Vaccine-Strain * Viral Disease; Varicella Meningitis; Respondent. * Table Injury. * * * * * * * * * * * * * * * * * * * * * * * * * * Timothy J. Mason, Law Office of Sylvia Chin-Caplan, LLC, Boston, MA, for Petitioners. Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES BASED ON PROFFER1 On December 16, 2021, Gregory Keane (“Petitioner”)2 filed a petition for compensation under the National Vaccine Injury Compensation Program (“Vaccine Act” or “the Program”), 42 U.S.C. § 300aa-10 et seq. (2018).3 Petitioner alleged that as a result of varicella vaccinations administered on June 27, 2008 and August 23, 2011, he developed vaccine-strain varicella meningitis. Petition at Preamble (ECF No. 1). On April 25, 2023, the undersigned issued a 1 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is required to post it 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), 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, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 2 The case caption was amended when Petitioner reached the age of majority. 3 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-10 to -34 (2018). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa. Case 1:21-vv-02300-UNJ Document 114 Filed 12/01/25 Page 2 of 6 ruling finding Petitioner entitled to compensation after Respondent conceded Petitioner was entitled to compensation for disseminated varicella-vaccine strain viral disease, a Table injury. Ruling on Entitlement dated Apr. 25, 2023 (ECF No. 47). On November 3, 2025, Respondent filed a Proffer on Award of Damages (“Proffer”), attached hereto as Appendix A. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Proffer at 1-3. Based on the record as a whole, the undersigned finds that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, the undersigned awards Petitioner: (1) A lump sum payment of $628.56, representing past unreimbursable expenses, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. (2) An amount of $85,000.00 to purchase the annuity contract described in section II.B. of the Proffer Proffer at 1, 4. This amount represents all elements of compensation to which Petitioner is entitled under § 15(a). Id. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court SHALL ENTER JUDGMENT herewith.4 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Special Master 4 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 1:21-vv-02300-UNJ Document 114 Filed 12/01/25 Page 3 of 6 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS GREGORY KEANE, Petitioner, No. 21-2300V Special Master Dorsey v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF DAMAGES I. Procedural History On December 16, 2021, Raymond and Mary Keane filed a petition for compensation (“petition”) on behalf of their son, Gregory Keane, who was a minor at the time, under the National Childhood Vaccine Injury Act of 1986, 43 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), as amended, alleging that as a result of varicella vaccinations administered to Gregory Keane on June 27, 2008, and/or August 23, 2011, he developed vaccine-strain varicella meningitis. ECF No. 1 at 1. On April 7, 2025, Gregory Keane substituted as petitioner, given that he had reached the age of majority, and the caption of this case was changed. See ECF No. 105 (Order changing case caption to substitute Gregory Keane for his parents as petitioner). On April 24, 2023, respondent filed a report pursuant to Vaccine Rule 4(c) conceding that petitioner is entitled to compensation in this case for disseminated varicella-vaccine strain viral disease, a Table injury. ECF No. 45 at 2. Accordingly, on April 25, 2023, the Special Master issued a Ruling on Entitlement, finding that petitioner is entitled to vaccine compensation. ECF No. 49. Case 1:21-vv-02300-UNJ Document 114 Filed 12/01/25 Page 4 of 6 II. Items of Compensation and Form of the Award Based upon the evidence of record, respondent proffers, and the parties recommend, that compensation be made through a lump sum and future annuity payments as described below, and request that the Special Master’s decision and the Court’s judgment award the following:1 A. Past Unreimbursable Expenses Evidence supplied by petitioner documents his expenditure of past unreimbursable expenses related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $628.56, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Petitioner agrees. B. Pain and Suffering For pain and suffering, respondent proffers that the Court award an amount not to exceed $85,000.00 to purchase an annuity contract,2 paid to the life insurance company3 from which the 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering. 2 At respondent’s discretion, respondent may purchase one or more annuity contracts from one or more life insurance companies. The parties further agree that the annuity payments cannot be assigned, accelerated, deferred, increased, or decreased by the parties and that no part of any annuity payments called for herein, nor any assets of the United States or the annuity company, are subject to execution or any legal process for any obligation in any manner. Petitioner and petitioner’s heirs, executors, administrators, successors, and assigns do hereby agree that they have no power or right to sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise, and further agree that they will not sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise. 3 The Life Insurance Company must have a minimum of $250,000,000.00 capital and surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company must have one of the following ratings from two of the following rating organizations: 2 Case 1:21-vv-02300-UNJ Document 114 Filed 12/01/25 Page 5 of 6 annuity will be purchased,4 subject to the conditions described below, that will provide payments to petitioner as set forth below: a. A certain Lump Sum of $32,851.00 payable on March 10, 2029. b. A certain Lump Sum of $37,815.15 payable on March 10, 2032. c. A certain Lump Sum of $43,569.99 payable on March 10, 2035. The purchase price of the annuity described in this section II.B. shall neither be greater nor less than $85,000.00. In the event that the cost of the certain lump sum annuity payments set forth above varies from $85,000.00, the certain lump sum payable on March 10, 2035, shall be adjusted to ensure that the total cost of the annuity is neither less nor greater than $85,000.00. Should petitioner predecease payment of any of the certain lump sum payments set forth above, said payments shall be made to his estate. Written notice to the Secretary of Health and Human Services and to the Life Insurance Company shall be provided within twenty (20) days of petitioner’s death. These amounts represent all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s; b. Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa; c. Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or AAA; d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA, AA+, or AAA. 4 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this case consistent with the Privacy Act and the routine uses described in the National Vaccine Injury Compensation Program System of Records, No. 09-15-0056. 3 Case 1:21-vv-02300-UNJ Document 114 Filed 12/01/25 Page 6 of 6 III. Summary of Recommended Payments Following Judgment A. Past Unreimbursable Expenses: $628.56 B. An amount of $85,000.00 to purchase the annuity contract described above in section II.B. Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General C.SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division VORIS E. JOHNSON, JR. Assistant Director Torts Branch, Civil Division /s/ Ryan P. Miller RYAN P. MILLER Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-3027 Ryan.Miller@usdoj.gov DATED: November 3, 2025 4 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-02300-cl-extra-11211819 Date issued/filed: 2025-12-01 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10745234 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: November 3, 2025 ************************* GREGORY KEANE, * PUBLISHED * Petitioner, * No. 21-2300V * v. * Special Master Nora Beth Dorsey * SECRETARY OF HEALTH * Damages Award; Varicella Vaccine; AND HUMAN SERVICES, * Disseminated Varicella Vaccine-Strain * Viral Disease; Varicella Meningitis; Respondent. * Table Injury. * ************************* Timothy J. Mason, Law Office of Sylvia Chin-Caplan, LLC, Boston, MA, for Petitioners. Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES BASED ON PROFFER 1 On December 16, 2021, Gregory Keane (“Petitioner”) 2 filed a petition for compensation under the National Vaccine Injury Compensation Program (“Vaccine Act” or “the Program”), 42 U.S.C. § 300aa-10 et seq. (2018). 3 Petitioner alleged that as a result of varicella vaccinations administered on June 27, 2008 and August 23, 2011, he developed vaccine-strain varicella meningitis. Petition at Preamble (ECF No. 1). On April 25, 2023, the undersigned issued a 1 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is required to post it 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), 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, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 2 The case caption was amended when Petitioner reached the age of majority. 3 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-10 to -34 (2018). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa. ruling finding Petitioner entitled to compensation after Respondent conceded Petitioner was entitled to compensation for disseminated varicella-vaccine strain viral disease, a Table injury. Ruling on Entitlement dated Apr. 25, 2023 (ECF No. 47). On November 3, 2025, Respondent filed a Proffer on Award of Damages (“Proffer”), attached hereto as Appendix A. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Proffer at 1-3. Based on the record as a whole, the undersigned finds that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, the undersigned awards Petitioner: (1) A lump sum payment of $628.56, representing past unreimbursable expenses, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. (2) An amount of $85,000.00 to purchase the annuity contract described in section II.B. of the Proffer Proffer at 1, 4. This amount represents all elements of compensation to which Petitioner is entitled under § 15(a). Id. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court SHALL ENTER JUDGMENT herewith. 4 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Special Master 4 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS GREGORY KEANE, Petitioner, No. 21-2300V v. Special Master Dorsey ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF DAMAGES I. Procedural History On December 16, 2021, Raymond and Mary Keane filed a petition for compensation (“petition”) on behalf of their son, Gregory Keane, who was a minor at the time, under the National Childhood Vaccine Injury Act of 1986, 43 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), as amended, alleging that as a result of varicella vaccinations administered to Gregory Keane on June 27, 2008, and/or August 23, 2011, he developed vaccine-strain varicella meningitis. ECF No. 1 at 1. On April 7, 2025, Gregory Keane substituted as petitioner, given that he had reached the age of majority, and the caption of this case was changed. See ECF No. 105 (Order changing case caption to substitute Gregory Keane for his parents as petitioner). On April 24, 2023, respondent filed a report pursuant to Vaccine Rule 4(c) conceding that petitioner is entitled to compensation in this case for disseminated varicella-vaccine strain viral disease, a Table injury. ECF No. 45 at 2. Accordingly, on April 25, 2023, the Special Master issued a Ruling on Entitlement, finding that petitioner is entitled to vaccine compensation. ECF No. 49. II. Items of Compensation and Form of the Award Based upon the evidence of record, respondent proffers, and the parties recommend, that compensation be made through a lump sum and future annuity payments as described below, and request that the Special Master’s decision and the Court’s judgment award the following: 1 A. Past Unreimbursable Expenses Evidence supplied by petitioner documents his expenditure of past unreimbursable expenses related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $628.56, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Petitioner agrees. B. Pain and Suffering For pain and suffering, respondent proffers that the Court award an amount not to exceed $85,000.00 to purchase an annuity contract, 2 paid to the life insurance company 3 from which the 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering. 2 At respondent’s discretion, respondent may purchase one or more annuity contracts from one or more life insurance companies. The parties further agree that the annuity payments cannot be assigned, accelerated, deferred, increased, or decreased by the parties and that no part of any annuity payments called for herein, nor any assets of the United States or the annuity company, are subject to execution or any legal process for any obligation in any manner. Petitioner and petitioner’s heirs, executors, administrators, successors, and assigns do hereby agree that they have no power or right to sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise, and further agree that they will not sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise. 3 The Life Insurance Company must have a minimum of $250,000,000.00 capital and surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company must have one of the following ratings from two of the following rating organizations: 2 annuity will be purchased, 4 subject to the conditions described below, that will provide payments to petitioner as set forth below: a. A certain Lump Sum of $32,851.00 payable on March 10, 2029. b. A certain Lump Sum of $37,815.15 payable on March 10, 2032. c. A certain Lump Sum of $43,569.99 payable on March 10, 2035. The purchase price of the annuity described in this section II.B. shall neither be greater nor less than $85,000.00. In the event that the cost of the certain lump sum annuity payments set forth above varies from $85,000.00, the certain lump sum payable on March 10, 2035, shall be adjusted to ensure that the total cost of the annuity is neither less nor greater than $85,000.00. Should petitioner predecease payment of any of the certain lump sum payments set forth above, said payments shall be made to his estate. Written notice to the Secretary of Health and Human Services and to the Life Insurance Company shall be provided within twenty (20) days of petitioner’s death. These amounts represent all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s; b. Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa; c. Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or AAA; d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA, AA+, or AAA. 4 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this case consistent with the Privacy Act and the routine uses described in the National Vaccine Injury Compensation Program System of Records, No. 09-15-0056. 3 III. Summary of Recommended Payments Following Judgment A. Past Unreimbursable Expenses: $628.56 B. An amount of $85,000.00 to purchase the annuity contract described above in section II.B. Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division VORIS E. JOHNSON, JR. Assistant Director Torts Branch, Civil Division /s/ Ryan P. Miller RYAN P. MILLER Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-3027 Ryan.Miller@usdoj.gov DATED: November 3, 2025 4