1



# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12

- 264 V (E

- Filed: April 1 8 , 2013)

* * * * * * * * * * * * * * *
SHIRLEY TAPIA, on behalf of her minor * UNPUBLISHED
child, ETHAN TAPIA, *

*
Petitioner, * Special Master

* Hamilton

- Fieldman

v. *

* Influenza Vaccine s ; Tourette syndrome;

SECRETARY OF HEALTH AND * Obsessive

- Compulsive Disorder;
HUMAN SERVICES, * Attention Deficit Disorder; Decision; * Stipulation. Respondent. *

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

Andrew D. Downing

, Tulsa, OK, for P etitioner

Heather L. Pearlman , Washington, DC, for R espondent

DECISION AWARDING DAMAGES 1

On April 24, 2012 , Petitioner

, Shirley Tapia , filed a petition seeking compensation under the National Vaccine Injury Compensation Program ( A the Vaccine Program @ ) , on behalf of her minor child Ethan Tapia (“Ethan”) . Petitioner alleged that Ethan suffered

Tourette syndrome, obsessive

- compulsive disorder (“OCD”), and attention deficit

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this decision on the United States Court of Federal Claims’ website, in accordance with the E

- Government Act of 2002, Pub. L. N o.
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 which to request redaction “of any information furnished by that party: (1) that is a trade sec ret 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 e ntire” decision will be available to the public. Id.2

disorder (“ADD”)

, as a resul t of receiving i nfluenza vaccination s

. 2

Respondent denies that Ethan’s influenza vaccination s caused his Tourette syndrome, OCD, ADD , and/or any other inj ury. Nonetheless, both parties, while maintaining their above stated positions, agreed in a Stipulation, filed April 15, 2013

, (“Stipulation”) that the issues before them can be settled and that a decision should be entered awarding c ompensation.

The und ersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

The stipulation awards :

A lump sum of $ 20,000.00 , which amount shall be 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) to which Petitioner would be entitled.

Stipulation ¶ 8(a).

An amount sufficient to purchase an annuity co ntract(s), subject to the conditions described in paragraph s 9 and 10 of the attached Stipulation , paid to the life insurance company(ies) from which the annuity(ies) will be purchased.

Stipulation ¶ 8(b).

The parties further stipulated that they had reached the following agreement with respect to attorneys’ fees:

A lump sum of $44,302.62, in the form of a check payable jointly to Petitioner and Petitioner’s law firm, Rhodes, Hieronymus Jones Tucker & Gable, P.L.L.C., for attorneys’ fees and costs. In accord ance with General Order No. 9, P etitioner represents that she incurred no out

- of

- pocket expenses in proceeding on the petition.

Stipulation ¶8(c).

2 The National 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, 42 U.S.C.A. ' 300aa

- 10

- ' 300aa

- 34 (West 1991 & Supp. 2002)
(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.3

The above amounts represent compensation for all damages that would be

available under 42 U.S.C. ' 300aa

- 15(a). Stipulation ¶ 8.

The undersigned approves the requested amounts for compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith. 3

IT IS SO ORDERED.

s/ Lisa Hamilton

- Fieldman

Lisa Hamilton

- Fieldman Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties = joint filing of notice renouncing the right to seek review.