VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00778
Package ID: USCOURTS-cofc-1_23-vv-00778
Petitioner: L.P.
Filed: 2023-05-30
Decided: 2024-04-30
Vaccine: Prevnar 13
Vaccination date: 2021-06-25
Condition: necrotizing granuloma injuries
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Adam Perez, as parent and natural guardian of L.P., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program on May 30, 2023. The petition alleged that a Prevnar 13 vaccine administered to L.P. on June 25, 2021, caused necrotizing granuloma injuries. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on December 28, 2023, conceding that L.P. is entitled to compensation. On April 25, 2024, Special Master Christian J. Moran issued a ruling on entitlement. On April 30, 2024, the respondent filed a Proffer on Award of Compensation, which the petitioner agreed to. The Special Master found the proffer reasonable and awarded compensation for pain and suffering not to exceed $45,000.00. This amount was to be used to purchase an annuity contract for L.P. The annuity contract will provide payments of $23,207.84 per year for four years certain, beginning on December 8, 2038. The purchase price of the annuity was to be neither greater nor less than $45,000.00, with adjustments to the annuity payment if the cost varied. Should L.P. predecease the payment of any certain annuity payments, those payments would be made to his estate. The award represents all elements of compensation to which L.P. would be entitled under the Vaccine Act. The case was resolved through this stipulated award. Petitioner counsel was Amy A. Senerth of Muller Brazil, LLP, and respondent counsel was Lauren Kells of the United States Department of Justice. The decision was issued by Special Master Christian J. Moran.

Theory of causation field:
Petitioner alleged that a Prevnar 13 vaccine administered on June 25, 2021, caused necrotizing granuloma injuries. The respondent conceded entitlement to compensation. The public decision does not describe the specific theory of causation, medical experts, or the mechanism of injury. The case was resolved via a stipulated award for pain and suffering not to exceed $45,000.00, to be paid as an annuity. The Special Master was Christian J. Moran. Petitioner counsel was Amy A. Senerth, and respondent counsel was Lauren Kells. The decision date was April 30, 2024.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_23-vv-00778-0
Date issued/filed: 2024-05-23
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 05/01/24) regarding 38 DECISION Stipulation/Proffer Signed by Special Master Christian J. Moran. (ceo) Service on parties made.
--------------------------------------------------------------------------------
Case 1:23-vv-00778-UNJ Document 42 Filed 05/23/24 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
ADAM PEREZ, * No. 23-778V
as parent and natural guardian of L.P., *
a minor, *
*
Petitioner, *
* Special Master Christian J. Moran
v. *
* Filed: May 1, 2024
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner;
Lauren Kells, United States Dep’t of Justice, Washington, D.C., for Respondent.
UNPUBLISHED DECISION AWARDING DAMAGES1
On May 30, 2023, petitioner Adam Perez filed a petition on behalf of his minor child L.P.
for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-
10 to -34 et seq. (2012). Petitioner alleged that a Prevnar 13 vaccine administered to L.P. on
June 25, 2021, caused necrotizing granuloma injuries. Pet. at 1. On April 25, 2024, the
undersigned ruled that petitioner is entitled to compensation under the Vaccine Act.
On April 30, 2024, respondent filed a Proffer on Award of Compensation, to which
petitioner agrees. Based upon the record as a whole, the undersigned finds the Proffer
reasonable and that petitioner is entitled to an award as stated in the Proffer. Pursuant to the
attached Proffer the court awards petitioner:
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must
be made publicly accessible and will be posted 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), the parties have 14
days to identify and move to redact medical or other information, the disclosure of which would
constitute an unwarranted invasion of privacy. Any changes will appear in the document posted
on the website.

Case 1:23-vv-00778-UNJ Document 42 Filed 05/23/24 Page 2 of 6
For pain and suffering, an amount not to exceed $45,000.00 to purchase an
annuity contract, paid to the life insurance company from which the annuity will
be purchased, subject to the conditions described below, that will provide
payments to L.P. as set forth below:
Beginning 12/08/2038, $23,207.84 per year for 4 years certain. The purchase price
of the annuity described in this section II.A shall neither be greater nor less than
$45,000.00. In the event that the cost of the certain annuity payments set forth
above varies from $45,000.00, the annuity payment set forth above shall be
adjusted to ensure that the total cost of the annuity is neither less nor greater than
$45,000.00. Should L.P. predecease payment of any of the certain annuity
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 L.P.’s death.
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is
directed to enter judgment in case 23-778V according to this decision and the attached proffer.2
Any questions regarding this order may be directed to my law clerk, Christine Olson, at
(202) 357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing
a notice renouncing the right to seek review by a United States Court of Federal Claims judge.
2

Case 1:23-vv-00778-UNJ Document 42 Filed 05/23/24 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ADAM PEREZ, as parent and natural
guardian of L.P., a minor,
No. 23-778V
Petitioner,
Special Master Moran
ECF
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER OF DAMAGES
I. Procedural History
On May 30, 2023, Adam Perez (“petitioner”) filed a petition under the National
Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as amended (“Vaccine
Act” or “Act”), alleging that, as a result of L.P.’s receipt of a Prevnar 13 vaccine on June 25,
2021, L.P. suffered necrotizing granuloma injuries. Petition at 1. On December 28, 2023,
respondent filed his Rule 4(c) Report conceding that petitioner is entitled to compensation in
this case. ECF No. 25. Accordingly, on April 25, 2024, the Special Master issued a Ruling
on Entitlement, finding that petitioner is entitled to vaccine compensation. ECF No. 36.
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 future annuity payments as described below, and request that the

Case 1:23-vv-00778-UNJ Document 42 Filed 05/23/24 Page 4 of 6
Special Master’s decision and the Court’s judgment award the following:1
Pain and Suffering
For pain and suffering, an amount not to exceed $45,000.00 to purchase an annuity
contract,2 paid to the life insurance company3 from which the annuity will be purchased,4 subject
to the conditions described below, that will provide payments to L.P. as set forth below:
Beginning 12/08/2038, $23,207.84 per year for 4 years certain.
1 Should L.P. 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 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:
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.
2

Case 1:23-vv-00778-UNJ Document 42 Filed 05/23/24 Page 5 of 6
The purchase price of the annuity described in this section II.A shall neither be greater nor less
than $45,000.00. In the event that the cost of the certain annuity payments set forth above varies
from $45,000.00, the annuity payment set forth above shall be adjusted to ensure that the total
cost of the annuity is neither less nor greater than $45,000.00. Should L.P. predecease payment
of any of the certain annuity 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 L.P.’s death.
These amounts represent all elements of compensation to which L.P. would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.5
III. Summary of Recommended Payments Following Judgment
An amount of $45,000.00 to purchase the annuity contract described above in section
II.A.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA E. ENGLUND
Assistant Director
Torts Branch, Civil Division
5 At the time payment is received, L.P. will be an adult, and thus guardianship is not required.
However, petitioner represents that he presently is, or if necessary, will become, authorized to
serve as guardians/conservators of L.P.’s estate as may be required under the laws of the State of
Florida.
3

Case 1:23-vv-00778-UNJ Document 42 Filed 05/23/24 Page 6 of 6
s/Lauren Kells
LAUREN KELLS
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) 616-4187
lauren.kells@usdoj.gov
DATED: April 29, 2024
4