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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-153V Filed: October 2, 2014

* * * * * * * * * * * * * * * * UNPUBLISHED J.O.C., a minor, by his parents CHRIS and * SARAH COOPER, * * Special Master Dorsey Petitioners, *

* v. * Joint Stipulation on Damages; * Diphtheria-tetanus-acellular pertussis

SECRETARY OF HEALTH * (DTaP) Vaccine; Pneumococcal AND HUMAN SERVICES, * Conjugate (Prevnar); Tic Disorder; * Seizures, and other injuries. Respondent. *

* * * * * * * * * * * * * * * * William E. Cochran, Jr., Black McLaren Jone s Ryland & Griffee, PC, for petitioners. Voris Edward Johnson, United States Department of Justice, Washington, DC, for respondent.

DECISION 1

On March 1, 2013, Chris and Sarah Cooper (“pe titioners”) filed a pe tition, on behalf of their minor son, J.O.C., pursuant to the Na tional Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioners alle ged that J.O.C. suffered the adverse effects from the diphtheria-tetanus-acellular pertus sis (“DTaP”) and pneumococcal conjugate (“Prevnar”) vaccines administered to hi m on September 22, 2010, and March 9, 2011. See

Petition at 1. Specifically, petitioners claimed that J. O.C. developed a “tic disorder, abnormal EEG and other injuries that we re ‘caused-in-fact’ by the above stated vaccinations.” Id.

1 Because this decision contains a reasoned explan ation for the undersigned’s action in this case, the undersigned intends to post th is ruling on the website of the United States Court of Federal Claims, 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 (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 secret or commercial or financial in substance and is priv ileged or confidential; or (2) that includes medical files or similar files, the

disclosure of which would const itute a clearly unwarra nted invasion of privacy.” Vaccine Rule 18(b).

2 The National Vaccine Injury Compensation Prog ram is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. N o. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2006) (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.2 Petitioners further alleged that J.O.C. experienced the residual effects of these injuries for more

than six months. Id.

On October 2, 2014, the parties filed a stipul ation, stating that a decision should be entered awarding compensation.

Respondent denies that the DT aP or Prevnar vaccines or a ny other vaccine caused J.O.C. to suffer a tic disorder, seizures, any other injury , or his current disabilities. Nevertheless, the parties agree to the joint stipul ation, attached hereto as Appendi x A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Cour t in awarding damages, on the

terms set forth therein.

The parties stipulated that petitioners shall receive the following compensation:

(1) A lump sum of $1,970.29, in the form of a check payable to petitioners for past unreimbursed expenses; and

(2) A lump sum of $13, 029.71, in the form of a check payable to petitioners as guardians/conservators of J.O.C.’s estate.

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 amount for petitioners’ compensation. Accordingly, an award should be made consistent with th e stipulation.

In the absence of a motion for review file d pursuant to RCFC Appendix B, the clerk of

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED.

s/ Nora Beth Dorsey Nora Beth Dorsey Special Master

3 Pursuant to Vaccine Rule 11(a) , entry of judgment is expedite d by the parties’ joint filing of notice renouncing the ri ght to seek review.