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In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-773V 

Filed: May 29, 2018 

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

 *

OLESYA MILANO, *

as mother and natural guardian of minor, A. M., *

* 

 Petitioner, * Special Master Oler 

 * 

v. * Decision on Joint Stipulation; 

 * Idiopathic thrombocytopenia 

SECRETARY OF HEALTH AND * purpura (“ITP”); DTaP; IPV.

HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

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

Jennifer L. Reynaud, U.S. Department of Justice, Washington, DC, for Respondent. 

DECISION ON JOINT STIPULATION1

 On June 29, 2016, Petitioner (“Ms. Milano”), on behalf of her minor child, A.M., filed a 

petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner 

 

1

 Because this unpublished decision contains a reasoned explanation for the action in this 

case, I intend to post this Decision on the United States Court of Federal Claims’ website, 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 (2012)). In accordance with Vaccine Rule 

18(b), a party has 14 days to identify and move to delete medical or other information, that 

satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule 

requirement, a motion for redaction must include a proposed redacted decision. If, upon review, 

I agree that the identified material fits within the requirements of that provision, I will delete 

such material from public access. 

2

 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. 

Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent 

subparagraph of 42 U.S.C. § 300aa (2012). 
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alleges that A.M. suffered idiopathic thrombocytopenia purpura (“ITP”) as a result of receiving 

the diphtheria tetanus acellular pertussis (“DTaP”) and inactivated polio virus (“IPV”) vaccines on 

September 23, 2014. See Petition, filed June 29, 2016, at 1. Respondent denies that the DTaP or 

IPV vaccines caused A.M.’s injury. Stipulation at ¶ 6, filed May 24, 2018, ECF No. 46. 

 

Nevertheless, the parties have agreed to settle the case. Stipulation at ¶ 7. On May 24, 

2018, the parties filed a stipulation agreeing to settle this case and describing the settlement terms. 

Respondent agrees to issue the following payments: 

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

paragraph 10 of the Stipulation, paid to the life insurance company from 

which the annuity will be purchased. See Stipulation at ¶¶ 8(a), 10. 

b. A lump sum of $14,730.71, which amount represents reimbursement of a State of 

Louisiana Medicaid lien for services rendered on behalf of A.M., in the form of a 

check payable jointly to Petitioner and the following entity: 

Healthy Blue 

Claims Recovery Services 

75 Remittance Drive, Suite 6019 

Chicago, IL 60675-6019

Optum File #: SN11917932 

 

Petitioner agrees to endorse this payment to Healthy Blue Claims Recovery 

Services. See Stipulation at ¶ 8(b). 

These amounts represent compensation for all damages that would be available 

under § 300aa-15(a). 

I adopt the parties’ stipulation attached hereto, and award compensation in the amounts 

and on the terms set forth therein. The Clerk of the Court is directed to enter judgment in 

accordance with this Decision.3

IT IS SO ORDERED. 

 s/ Katherine E. Oler 

 Katherine E. Oler 

 Special Master 

 

 

 

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 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a 

notice renouncing the right to seek review.