In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 14-1201V 

Filed: September 1, 2016 

Not for Publication 

************************************* 

A.G., a Minor, by and Through * 

his Parent and Natural Guardian, * 

JORGE GUTIERREZ , * 

 * 

Petitioner, * 

 * 

 v. * 

 * 

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

* 

************************************* 

Maximillian J. Muller, Dresher, PA, for petitioner.

Debra A. Filteau Begley, Washington, DC, for respondent. 

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On September 1, 2016, the parties filed the attached stipulation in which they agreed to 

settle this case and described the settlement terms. Petitioner alleges that the humanpapillomavirus (“HPV”) vaccine his minor son A.G. received on March 28, 2013 caused A.G. to

develop transverse myelitis (“TM”). Petitioner further alleges that A.G. experienced the 

residual effects of these injuries for more than six months. Respondent denies that A.G.’s HPV 

vaccine(s) caused him to develop TM or any other injury. 

 

1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this 

case, the special master intends to post this unpublished decision on the United States Court of Federal 

Claims’ website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) 

(Federal Management and Promotion of Electronic Government Services). Vaccine Rule 18(b) states that 

all decisions of the special masters will be made available to the public unless they contain trade secrets 

or commercial or financial information that is privileged and confidential, or medical or similar 

information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a 

decision is filed, petitioner has 14 days to identify and move to redact such information prior to the 

document=s disclosure. If the special master, upon review, agrees that the identified material fits within 

the banned categories listed above, the special master shall redact such material from public access.

Damages decision based on 

stipulation; human-papillomavirus 

(“HPV”) vaccine; transverse 

myelitis (“TM”)
2 

Nonetheless, the parties agreed to resolve this matter informally. The undersigned finds 

the terms of the stipulation to be reasonable. The court adopts the parties’ attached stipulation 

and awards compensation in the amount and on the terms set forth in the stipulation. Pursuant to 

the stipulation, the court awards: 

a. a lump sum payment of $2,903.44 representing compensation for full satisfaction of the 

State of Oklahoma Medicaid lien. This payment shall be in the form of a check payable 

jointly to petitioner and: 

 Oklahoma Health Care Authority 

Attn: Jayna Sims

 4345 N. Lincoln Blvd. 

 Oklahoma City, OK 73105 

 Soonercare # 042133250 

Petitioner agrees to endorse this payment to Oklahoma Health Care Authority; and 

b. An amount sufficient to purchase the annuity contract described in paragraph 10 of the 

attached stipulation, paid to the life insurance company from which the annuity will be 

purchased. This amount represents compensation for all damages that would be available 

under 42 U.S.C. §300aa-15(a).

 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.2

IT IS SO ORDERED.

Dated: September 1, 2016 s/ Laura D. Millman

 Laura D. Millman

 Special Master

 

2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or 

jointly, filing a notice renouncing the right to seek review.