In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS

No. 09-694V

Filed: October 20, 2016

Not for Publication

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TAMI L. BALDWIN, as Guardian *

Ad Litem for Her Minor Daughter, L.A.B., *

*

 Petitioner, * 

v. *

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

 *

 Respondent. *

*

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Neal J. Fialkow, Pasadena, CA, for petitioner.

Lisa A. Watts, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On October 20, 2016, the parties filed the attached stipulation in which they agreed to 

settle this case and described the settlement terms. Petitioner alleges that her minor daughter, 

L.A.B., suffered seizures and developmental delay that were caused-in-fact or significantly 

aggravated by her receipt of diphtheria-tetanus-acellular pertussis (“DTaP”) vaccine, hepatitis B 

(“Hep B”) vaccine, haemophilus influenza type B (“HIB”) vaccine, inactivated polio vaccine 

(IPV”) and pneumococcal conjugate (PCV7”) vaccine. L.A.B. received DTaP, Hep B, HIB, 

IPV, and PCV 7 vaccines on October 25, 2006, and Hep B and PCV7 vaccines on January 2, 

 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this 

case, the special master intends to post this unpublished decision on the United States Court of Federal 

Claims’ website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012)

(Federal Management and Promotion of Electronic Government Services). Vaccine Rule 18(b) states that 

all decisions of the special masters will be made available to the public unless they contain trade secrets 

or commercial or financial information that is privileged and confidential, or medical or similar 

information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a 

decision is filed, petitioner has 14 days to identify and move to redact such information prior to the 

document=s disclosure. If the special master, upon review, agrees that the identified material fits within 

the banned categories listed above, the special master shall redact such material from public access.

Damages decision based on stipulation; 

seizures; developmental delay;

diphtheria-tetanus-acellular pertussis 

(“DTaP”) vaccine; hepatitis B (“Hep 

B”) vaccine; haemophilus influenza 

type B (“HIB”) vaccine; inactivated 

polio vaccine (IPV”); pneumococcal 

conjugate (PCV7”) vaccine
2

2007. Respondent denies that the vaccines administered to L.A.B. on October 25, 2006 and 

January 2, 2007 caused or significantly aggravated L.A.B.’s alleged seizures, developmental 

delay, or any other injury. Nonetheless, the parties agreed to resolve this matter informally.

The undersigned finds the terms of the stipulation to be reasonable. The court adopts the 

parties’ attached stipulation, and awards compensation in the amount and on the terms set forth 

in the stipulation. Pursuant to the stipulation, the court awards:

a. a lump sum of $1,162,811.79, representing compensation for first year life care expenses 

($148,542.50), lost future earnings ($809,205.98), and pain and suffering ($205,063.31). 

The award shall be in the form of a check for $1,162,811.79 made payable to petitioner 

as guardian/conservator of the estate of L.A.B. for the benefit of L.A.B; and

b. a lump sum of $55,684.86, representing reimbursement of a Medicaid lien for services 

rendered on behalf of L.A.B. The award shall be in the form of a check for $55,684.86, 

made payable jointly to petitioner and

Department of Health Care Policy and Financing

1570 Grant Street

Denver, CO 80203-1818

Attn: Heather R. Thompson

State I.D. No: G375854

Petitioner agrees to endorse this check to the Department of Health Care Policy and 

Financing; and

c. an amount sufficient to purchase the annuity contract described in paragraph 10 of the 

attached stipulation.

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.2

IT IS SO ORDERED.

Dated: October 20, 2016 s/ Laura D. Millman

 Laura D. Millman

 Special Master

 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or 

jointly, filing a notice renouncing the right to seek review.