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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13

- 183 V

Filed: November 30 , 2018

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

ROBERT RUPPENTHAL, Conservator of * UNPUBLISHED

the Estate of D.V.M. , a minor child

, *

* Case No. 13

- 183 V

Petitioner, *

* Chief Special Master Dorsey

v. *

* Damages Award; Proffer; Diphtheria

SECRETARY OF HEALTH * Tetanus

- accellular Pertussis (“DTaP”)

AND HUMAN SERVICES, * Vaccine; Ence phalopathy; Table Injury.

*

Respondent. *

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

Howard S. Gold

, Gold Law Firm, LLC

, Wellesley Hills, MA , for petitioner.

Linda S. Renzi , United States Depar tment of Justice, Washington, DC , for respondent.

DECISION AWARDING DAMAGES 1

On March 11, 2013

, Haytor Vega and Lucia Martinez filed a petition for compensation

under the National Vaccine Injury Compe nsation Program (“the Program”) 2 on behalf of their

minor son, D.V.M. 3 Mr. Vega and Ms. Martinez alleged that th e D.V.M. suffered an acute

encephalopathy within seventy

- two hours of receiving a diphtheria

- tetanus

- acellular pertussis

1 The undersigned intends to post this Decision on the United States Court of Federal Claims’

website. This means the Decision will be available to anyone with access to the Internet. In

accordance with Vaccine Rule 18(b), petitioner has 14 days to identif y and move to redact

medical or other information, the disclosure of which would constitute an unwarranted invasion

of privacy. If, upon review, the undersigned agrees that the identified material fits within this

definition, the undersigned will redact s uch material from public access. Because this

unpublished Decision contains a reasoned explanation for the action in this case, the undersigned

is required to post it on the United States Court of Federal Claims’ website in accordance with

the E

- Governmen t Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and

Promotion of Electronic Government Services).

2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42

U.S.C. § 300aa.

3 On August 27, 2018, Robert Ruppenthal was appointed conservator of D.V.M.’s estate

. See

Petitioner’s Exhibit 39. Mr. Ruppenthal subsequently became the petitioner in this matter. See

Order dated Sept. 24, 2018 (ECF No. 110).2

(“DTaP”) vaccine on March 12, 2010

. Petition at 1 , 4

- 5 . On April 21, 2017

, the undersigne d

issued a deci sion finding that petitioner was entitled to compensation.

On November 29 , 2018 , respondent filed a Proffer on Award of Compensation

(“Proffer”). In the Proffer, respondent represented that petitioner agree s with the proffered

award. Proffer at 1

- 2

. Based on the record as a whole, the undersigned finds that petitioner is

entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner:

(1) A l ump sum payment of $ 25 0,000 .00 , representing compensation for pain and

suffering in the form of a check made payable to petitioner

.

(2) A lump sum pa yment in the amount of $ 168,506.00 , representing compensation

for life care plan expenses for the first year and partial expenses for 2051, in the

form of a check payable to Counsel Trust Company for the benefit of the

D.V.M. Reversionary Trust.

(3) A lump sum pa yment in the amount of $48,741.08 , representing compensation

f or the past State of Georgia Medicaid lien, in the form of a check payabl e

jointly to petitioner and the Georgia Department of Community Health.

(4) An amount sufficient to purchase the annuity contract described in s ecti on II.D

of the Proffer.

(5) An amount sufficient to purchase the annuity contract described in section II.E

of the Proffer.

Proffer at 3

- 5

.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of

the Court SHALL ENTER JUDGMENT herewith. 4

IT IS SO ORDERED.

s/ Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review.Case 1:13-vv-00183-UNJ Document 114-1 Filed 11/29/18 Page 1 of 3Case 1:13-vv-00183-UNJ Document 114-1 Filed 11/29/18 Page 2 of 3Case 1:13-vv-00183-UNJ Document 114-1 Filed 11/29/18 Page 3 of 3Case 1:13-vv-00183-UNJ Document 114-2 Filed 11/29/18 Page 1 of 2Case 1:13-vv-00183-UNJ Document 114-2 Filed 11/29/18 Page 2 of 2