# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

T.B.

, deceased, by his mother, * No. 13

- 1001V

CHRISTINA MOORE, * Special Master Christian J. Moran

*

Petitioner, * Filed: September 15, 2014

*

v. * Stipulation; Diphtheria

- Tetanus

-

* acellular Pertussis (“DTaP”);

SECRETARY OF HEALTH * Hepatitis B; Inactivated Poliovirus

AND HUMAN SERVICES, * (“IPV”); Pneumococcal Conjugate

* (“Prevnar”) vaccines; encephalopathy

Respondent. * or encephalitis; death.

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

William E. Cochran, Jr.

, Black McLaren et al., Memphis, TN

. , for Petitioner;

Lindsey Corliss

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

UNPUBLISHED DECISION 1

On September 11 , 2014, respondent filed a joint stipulation concerning the

petition for compensation filed by Christina Moore on December 18, 201 3 , on

behalf of her child, T.B . In her petition, Ms. Moore allege s that the Diphtheria

Tetanus

- acellular Pertussis (DTaP”), Hepatitis B, Inactivated Poliovirus (“IPV”)

and Pneumococcal Conjugate (“Prevnar”) vaccine s , which are contained in the

Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and whic h T.B. received

on or about December 20, 2012 , caused h im to suffer an encephalopathy or

encephalitis resulting in death . P etitioner represents that there has been no prior

award or settlement of a civil action for damages on behalf of the Estate of T.B. as

a result of his alleged injury, resulting in death.

R espondent denies that the vaccines received by T.B. caused any injury or

his death; and denies that T.B.’s death occurred as the result of a vaccine

- related

injury.

1 T he E

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

- 347, 116 Stat. 2899, 2913 (Dec. 17,

2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),

the party has 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.Nevertheless, the parties agree to the joint stipulation, attached hereto as

“Appendix A.” 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 $1,300.00, in the form of a check jointly payable

to petitioner as legal representative of the Estate of T.B. an d

Optum , on behalf of United Healthcare Community Plan

75 Remittance Drive

, S uite 6019

Chicago, IL 60675

- 6019

Attn: Teisha Orduno

Representing compensation for satisfaction of the state of

Tennessee’s Medicaid lien resulting from payments made to or on

behalf of T.B. Petitioner agrees to endorse the check to Optum, and

,

B. A lump sum of $20,700.00 in the form of a check payable to

petitioner as legal representative of the Estate of T.B. This amount

represents compensation for all remaining damages that would be

available under 42 U.S.C . § 300aa

- 15(a).

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

the clerk is directed to enter judgment in case 13

- 1001 V according to this decision

and the attached stipulation. 2

Any questions may be directed to my law clerk, Mary Holmes , at (202) 357

-

63 53

.

IT IS SO ORDERED.

s/ Christian J. Moran

Christian J. Moran

Special Master

2 Pursuant to Vaccine Rule 1 1(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.Case 1:13-vv-01001-UNJ Document 22 Filed 09/11/14 Page 1 of 55. Petitioner represents that there has been no prior award or settlement of a civil

action for damages on behalf of the Estate of T.B. as a result of his alleged i njury, resulting in

death.

6. Respondent denies that the vaccines received by T.B. caused any injury or his

death ; and denies that T.B.’s death occurred as the result of a vaccine

- related injury.

7. Maintaining their above

- stated positions, the parties nevertheless now agree that

the issues between them shall be settled and that a decision should be entered awarding the

compensation descri bed in paragraph 8 of this Stipulation

.

8. As soon as practicable after an entry of judgment reflecting a decision consistent

with the terms of this Stipulation, and after petitioner has filed an election to receive

compensation pursuant to 42 U.S.C. § 30 0aa

- 21(a)(1), the Secretary of Health and Human

Services will issue the following vaccine compensation payment s :

a. A lump sum of $1,300.00 in the form of a check jointly payable to petitioner as

legal representative of the Estate of T.B. and

Optum, on behalf of United Healthcare Community Plan,

75 Remittance Drive, Suite 6019

Chicago, IL 60675

- 6019

Attn: Teisha Orduno,

Representing compensation for satisfaction of the State of Tennessee’s Medicaid

lien resulting from payments made to or on behal f of T.B. Petitioner agrees to

endorse the check to Optum ; and

b. A lump sum of $2 0

, 7 00.00 in the form of a check payable to petitioner as

legal representative of the Estate of T.B. This amount represents compensation

for all remaining damages that woul d be available under 42 U.S.C. § 300aa

- 15(a).

9. As soon as practicable after the entry of judgment on entitlement in this case, and

after petitioner has filed both a proper and timely election to receive compensation pursuant to

42 U.S.C. § 300aa

- 21(a)( 1), and an application, the parties will submit to further proceedings Case 1:13-vv-01001-UNJ Document 22 Filed 09/11/14 Page 2 of 5Case 1:13-vv-01001-UNJ Document 22 Filed 09/11/14 Page 3 of 5Case 1:13-vv-01001-UNJ Document 22 Filed 09/11/14 Page 4 of 5Case 1:13-vv-01001-UNJ Document 22 Filed 09/11/14 Page 5 of 5