Case Information
*1 In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * HEATHER LAVAYEN, on behalf of * G.R.C., a minor * No. 15-1247V
Petitioner, * Special Master Christian J. Moran * v. * Filed: March 9, 2017 * SECRETARY OF HEALTH * Stipulation; diphtheria-tetanus- AND HUMAN SERVICES, * acellular pertussis (“DTaP”) vaccine;
* meningococcal (“MCV”) vaccine; * chronic inflammatory demyelinating * polyneuropathy (“CIDP”) *
Respondent. * * * * * * * * * * * * * * * * * * * * * * Dianna L. Stadelnikas, Maglio Christopher and Toale, Sarasota, FL, for Petitioner; Ann D. Martin, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION [1]
On March 9, 2017, the parties filed a joint stipulation concerning the petition for compensation filed by Heather Lavayen on behalf of her daughter, G.R.C., on October 26, 2015. In her petition, petitioner alleged that the diphtheria-tetanus- acellular pertussis (“DTaP”) and/or meningococcal (“MCV”) vaccines, which are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which G.R.C. received on August 5, 2014, caused G.R.C. to suffer chronic inflammatory demyelinating polyneuropathy (“CIDP”). Petitioner further alleges that G.R.C. suffered the residual effects of this condition for more than six months. *2 Petitioner represents that there has been no prior award or settlement of a civil action for damages on behalf of G.R.C. as a result of her condition.
Respondent denies that the vaccine(s) caused G.R.C. to suffer CIDP or any other injury or her current condition. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation, which represent all damages that would be available under 42 U.S.C. § 300aa-15(a), include: a. A lump sum of $6,000.00, which amount represents compensation for past unreimbursable expenses, in the form of a check payable to petitioner, Heather Lavayen;
b. A lump sum of $50,000.00 in the form of a check payable to petitioner as guardian/conservator of G.R.C.’s estate; and c. An amount sufficient to purchase the annuity contract described in paragraph 10 of the attached stipulation. In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 15-1247V according to this decision and the attached stipulation. [2]
Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357- 6360.
IT IS SO ORDERED.
s/Christian J. Moran Christian J. Moran Special Master
NOTES
[1] The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website.
[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]