# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 10

- 33 V

Filed: March 29, 2013

Not for publication

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

ELIJAH YANG

, by and through his next *

Friend and Mother, JULIE FANG, *

*

Petitioner

, *

* Damages decision based on stipulation;

v. * rotavirus vaccine; Pseudomonas

* aeruginosa

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Elaine W. Sharp

, Marblehead, MA , for petitioner

. Alexis B. Babcock , Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES 1

On March 29 , 2013 , the parties filed the attached stipulation in which they agreed to settle

this case and described the settlement terms. Petitioner allege s that Elijah Yang suffered from

Pseudomonas aeruginosa that was caused by h is January 17, 2007 receipt of the R otaTeq rotavirus

vaccine

. Petitioner further alleges that El ijah experienced the residual effects of his injuries for

more than six months. Respondent denies that Elijah ’ s Pseudomonas aeruginosa

, or any other

injury, was caused in fact by the R otaTeq rotavirus vaccine . No netheless, the parties agreed to

1 Because this unpublished decision contains a reasoned explanation for the special master's action in this

case, the special master intends to post this unpublished decision on the United States Court of Federal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's website, in accordance with the E

- G overnment Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899,

2913 (Dec. 17, 2002). 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 informat ion 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 delete such information p rior 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

delete such material from public access.2

resolve this matter informally.

The court hereby adopts the parties ’ said stipulation, attached hereto, an d awards

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

Court awards :

a. A lump sum of $198,242.65, which represents compensation for first year life care

expenses ($13,242.65) and pain and suffering ($185,000.00)

. The award shall be in the

form of a check for $198,242.65 made payable to petitioner as the guardian/conservator of

the estate of Elijah Yang for the benefit of Elijah Yang ;

b. A lump sum of $1 ,818.87, whi ch represents comp ensation for past un reimbursable

expenses. The award shall be in the form of a check for $ 1 ,818.87 made payable to

petitioner , Julie Fang; and

c. A n amount sufficient to purchase the annuity contract described in para graph 10 o f the

attached stipulation.

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: March 29, 2013 /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 = s filing a notice

renouncing the right to seek review.