# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 06

- 671 V

Filed: November 26 , 2014

* * * * * * * * * * * * * * * * UNPUBLISHED

MELISSA ATWOOD

, personal *

representative of the Estate of AIDEN * Special Master Hamilton

- Fieldman

DRAKOSE EXAVIER FOLLETT, *

*

Petitioner, *

* Joint Stipulation on Damages;

v. * Diptheria, Tetanus, Pertussis

* (“DTaP) Vaccine; Haemophilus

SECRETARY OF HEALTH * Influenzae Type B (“HiB”) Vaccine;

AND HUMAN SERVICES, * Pneumococcal Conjugate Vaccine;

* Polio Vaccine; Death.

Respondent. *

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

Robert T. Moxley , Robert T. Moxley, P.C., Cheyenne, WY

, for P etitioner

. Michael Milmoe

, United States Department of Justice, Washington , D

. C

. , for R espondent.

DECISION 1

On September 25, 2006

, Melissa and Paul Follett 2 filed a petition on behalf their

deceased son, Aiden Follett, pursuant to the National Vaccine Injury Compensation Program

. 3

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,

the undersigned intends to post this ruling on the website of the United States Court of Federal

Claims , in accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347, § 205, 116

Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by

Vaccine Rule 18(b), each party has 14 days within whic h to request redaction “of any

information furnished by that party: (1) that is a trade secret or commercial or financial in

s ubstance and is privileged or confidential; or (2) that includes medical files or similar files, the

disclosure of which would co nstitute a clearly unwarranted invasion o f privacy.” Vaccine Rule

18(b).

2 Although Melissa and Paul Follett were init ially named as Petitioners, this case’s caption was

later amended to reflect Melissa Atwood as the sole Petitioner on behalf of her son, Aiden

Follett. See Order dated March 13, 2014.

3 The Nation al Vaccine Injury Compensation Program is set forth in Part 2 of the National

Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended,

142 U .S.C. §§ 300aa

- 1 to

- 34 (2006). Petitioner s alleged that Aiden died as a result of the

administration of diphtheria, tetanus, pertuss is (“DTaP”), Haemophilus Influenzae Type B

(“HiB”), Pneumococcal conjugate, and Polio vaccines on September 24, 2004

.

On November 25

, 2014

, the parties filed a stipulation in which they state that a decision

should be entered awarding compensation.

Respondent denies that Aiden suffered any injury as a result of the multiple vaccinations

he received on September 24, 2004, and denies that any vaccine was either a cause or a

contributing fact or in his death . Nevertheless, the parties agree to the joint stipulation, attached

hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the

decision of the Court in awarding damages, on the terms set forth therein.

T he parties stipulate that P etitioner shall receive the following compensation:

A lump sum of $67,5 00.00, in the form of a check payable to Petitioner . This

amount represents compensation for all damages that would be available under 42

U.S.C. § 300aa

- 15( a).

Stipulation ¶ 8.

The undersigned approves the requested amo unt for P etitioner ’s compensation.

Accordingly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC App endix B, the clerk of

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’

stipulation. 4

IT IS SO ORDERED.

s/ Lisa Hamilton

- Fieldman

Lisa Hamilton

- Fieldman

Special Master

42 U.S.C. §§ 300aa

- 1 to

- 34 (2006) (Vaccine Act or the Act). All citations in this decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review.

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