# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

JAKE PETERS

, *

* No. 16

- 638 V

Petitioner, * Special Master Christian J. Moran

*

v. * Filed: February 25, 2020

*

SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine ;

AND HUMAN SERVICES, * human papillomavirus (“HPV”)

* vaccine; transverse myelitis (“TM”);

* neuromyelitis optica (“NMO”)

. Respondent. *

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

Jeffrey S. Pop , Jeffrey S. Pop & Associates, Beverly Hills, CA , for Petitioner;

Robert P. Coleman, III

, United States Dep’t of Justice, Washington, DC, for

Respondent.

UNPUBLISHED DECISION 1

On February 25, 2020 , the parties filed a joint stipulation concerning the

petition for compensation filed by Jake Peters on May 27, 2016

. P etitioner alleged

that the influenza (“flu”) and human papillomavirus (“HPV”) vaccine s he received

on November 24, 2 014 , which are contained in the Vaccine Injury Table (the

“Table”), 42 C .F.R. §100.3(a), caused him to suffer transverse myelitis (“TM”)

and/or neuromyelitis optica (“NMO”)

. P etitioner further alleges that he suffered

the residual effects of this injury f or more than six months. Petitioner represents

that there has been no prior award or settlement of a civil action for damages on his

behalf as a result of his condition.

1 T he 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

Respondent denies that the vaccines either caused or significantly

aggravated petiti oner ’ s alleged injury or any other injury . 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 include:

a. A lump sum payment of $3,051,275.06, which amount represents

compensation for first

- year life care expenses ($642,275.06) and trust

seed funds ($2,409,000.00), in the form of a check payable to City

National Bank, a National Banking Association, as trustee of the

grantor reversionary trust established for the benefit of petitioner;

b. A lump sum of $1,075,000.00, which amount represents

compensation for lost earnin gs ($750,000.00), pain and suffering

($250,000.00), and past unreimbursable expenses ($75,000.00), in the

form of a check payable to petitioner;

c. A lump sum of $701,305.48, which amount represents

reimbursement of a State of California Medicaid lien for se rvices

rendered on behalf of petitioner, in the form of a check payabl e

jointly to petitioner and:

Department of Health Care Services

Recovery Branch

– MS 4720

P.O. Box 997421

Sacramento, CA 95899

- 7421

DHCS Account No.: C92418798F

- VAC03

Petitioner agrees to endorse this check to the State of California

Department of Health Care Services; and

d. An amount sufficient to purchase the annuity contract described in

paragraph 10 of the joint stipulation attached hereto, paid to the life

insurance company from whi ch the annuity will be purchased (the

“Life Insurance Company”).

This amount represents compensation for all damages that would be available

under 42 U.S.C. § 300aa

- 15(a).3

In the absence of a motion for review filed pursuant to RCFC, Appendix B,

the clerk is directed to enter judgment in case 16

- 638 V according to this decision

and the attached stipulation. 2

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.