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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16 -773 V

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 STIPULATION 1

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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this D ecision on the United States Court of Federal Claims’ website, in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 r eq uirements 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).2

alleges that A.M. suffered idiopathic thrombocytopenia purpura (“ITP”) as a result of receiving the diphtheria tetanus acellular pert ussis (“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 availabl e under § 300aa-15(a).

I adopt the parties’ stipula tion 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

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review.