# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 892V

Filed: June 3, 2019

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

BARBARA FANTELL, as mother and * UNPUBLISHED

natural guardian of minor, H.F., and *

SCOTT FANTELL, as father and *

natural guardian of minor, H.F., *

* Decision on Joint Stipulation;

Petitioner s

, * Idiopathic Thrombocytopenia

* Purpura (“ITP”); Measles

v. * mumps

- rubella (“MMR”)

* Vaccine; Inactivated poliovirus

SECRETARY OF HEALTH * (“IPV”) Vaccine;

AND HUMAN SERVICES, * Meningococcal (“MCV”) Vaccine

*

Respondent. *

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

Jeffrey Pop, Esq.

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

, for petitioner.

Daniel Anthony Principato , Esq

. , US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

Roth

, Special Master:

On June 29, 2017, Barbara and Scott Fantell [ “petitioner s ”] filed a petition for

compensation under the National Vaccine Injury Compensation Program 2 on behalf of their minor

child, H.F. Petitioner s allege that H.F. developed idiopathic thrombocytopenia purpura (“ITP”)

after receiving measles

- mumps

- rubella (“MMR”), inactiv ated poliovirus (“IPV”), and

meningococcal (“MCV”) vaccinations on or about February 13, 2015

. Stipulation, filed May 31,

1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the

Court of Federal Claims’s website, in accordance with the E

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

- 347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision

will be available to anyone with access to the internet. However, the partie s may object to the Decision’s

inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party

has fourteen days within which to request redaction “of any information furnished by that party: (1) that is

a trade s ecret or commercial or financial in substance and is privileged or confidential; or (2) that includes

medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of

privacy.” Vaccine Rule 18(b). Otherwise, the wh ole Decision will be available to the public. Id

.

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

- 660, 100 Sta t. 3755. Hereinafter, for ease

of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S. C. § 300aa

(2012 ).

### 2

2019 , at ¶¶ 1

- 4. Respondent denies that any of the aforementioned immunizati on s caused H.F.’s

injury. Stipulation at ¶ 6.

Nevertheless, the parties h ave agreed to settle the case. On May 31, 2019 , the parties filed

a joint stipulation agreeing to settle this case and describing the settlement terms.

Respondent agrees to issue the fol lowing payment :

A lump sum of $75,000.0 0 in the form of a check payable to petitioner s, as guardians/conservators of H.F.’s estate

. This amount represents compensation for all

damages that would b e av ailable under § 300aa

- 15(a).

I adopt the parties’ stipula tion attached hereto, and award compensation in the amount 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/ Mindy Michaels Roth

Mindy Michaels Roth

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.