1

 In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 13-780V

Filed: November 4, 2016

* * * * * * * * * * * * * * * * UNPUBLISHED

MISTY HOGAN and JAMES HOGAN, *

on behalf of S.M.H., their minor child, *

 * Special Master Hamilton-Fieldman

Petitioners, *

 * Joint Stipulation on Damages;

v. * Measles-Mumps-Rubella Vaccine;

 * Varicella; Diptheria-TetanusSECRETARY OF HEALTH * Acellular Pertussis-Inactivated Polio

AND HUMAN SERVICES, * Virus Vaccine; Aplastic Anemia.

 * 

Respondent. *

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

Danielle A. Strait, Maglio Christopher & Toale, PA, Washington D.C., for Petitioners.

Heather L. Pearlman, United States Department of Justice, Washington, D.C., for Respondent.

DECISION1

On October 8, 2013, Misty and James Hogan (“Petitioners”) filed a petition on 

behalf of their minor child, S.M.H. for compensation pursuant to the National Vaccine 

Injury Compensation Program.

2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioners alleged

that as a result of the measles-mumps-rubella (“MMR”); varicella; and the diptheriatetanus-acellular pertussis-inactivated polio virus (“DTaP-IPV”) vaccines administered 

on February 2, 2012, S.M.H. contracted aplastic anemia. See Stipulation for Award at ¶ 

 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 website of the United States Court of Federal 

Claims, in accordance with the E-Government Act of 2002, codified as amended at 44 U.S.C. § 

3501 note (2012). 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 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).

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. §§ 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.
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2, 4, filed Nov. 3, 2016. Petitioners further alleged that she suffered residual effects of 

this injury for more than six months. Id. at ¶ 4.

On November 3, 2016, the parties filed a stipulation in which they state that a 

decision should be entered awarding compensation to Petitioners. Respondent denies that 

the MMR, varicella, and DTaP-IPV vaccines received on February 2, 2012 caused 

S.M.H.’s aplastic anemia, or any other injury. Id. at ¶ 6. Nevertheless, the parties agree

to the joint stipulation, attached hereto as Appendix A. The undersigned finds the 

stipulation reasonable and adopts it as the decision of the Court in awarding damages, on 

the terms set forth therein.

The parties stipulate that Petitioners shall receive the following compensation:

1. A lump sum payment of $3,523.90 representing compensation for full 

satisfaction of the Commonwealth of Pennsylvania Medicaid lien, in 

the form of a check payable jointly to petitioners and:

Department of Human Services

Bureau of Program Integrity

Division of Third Party Liability Recovery Section

P.O. Box 8486

Harrisburg, Pennsylvania 17105-8486

Attn: Wanda Durf

CIS #: 630234569

Petitioners agree to endorse this payment to the Department of Human 

Services;

2. A lump sum payment of $1,644.00, in the form of a check payable to 

petitioners, Misty and James Hogan, which amount represents 

compensation for past unreimbursed expenses; and

3. A lump sum payment of $76,751.38, in the form of a check payable to 

petitioners, Misty and James Hogan, as guardians/conservators of 

S.M.H.’s estate. This amount represents compensation for all 

remaining damages that would be available under 42 U.S.C. § 300aa15(a).

Id. at ¶ 8.

The undersigned approves the requested amounts for Petitioners’ compensation. 

Accordingly, an award should be made consistent with the stipulation. 
3

In the absence of a motion for review filed 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/ 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.