In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

JAKE PETERS, *

* No. 16-638V

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UNPUBLISHED DECISION1

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

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

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

on November 24, 2014, 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”). Petitioner further alleges that he suffered 

the residual effects of this injury for 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 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

Respondent denies that the vaccines either caused or significantly 

aggravated petitioner’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 earnings ($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 services 

rendered on behalf of petitioner, in the form of a check payable 

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 which 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 16-638V 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.