# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 2

- 812 V

July 3 , 201 3

Not for Publi cation

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

JOSEPH LERRO and BRITTANY LERRO

, *

Legal Representatives of the Estate of *

JOSEPH N. LERRO, deceased, *

*

Petitioner s

, * Damages d ecision b ased on

* stipulation; DTaP, HiB, IPV,

v. * Prevnar, rotavirus vaccines;

* injuries and death

SECRETARY OF HEALTH *

AND HUMA N SERVICES, *

*

Respondent. *

*

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

B arbara D. Bonar

, Covington, KY

, for petitioner s

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

MILLMAN, Special Master

DECISION AWARDING DAMAGES 1

On Ju ly 3 , 2013, the parties filed the attached stipulation in which they agreed to settle this

case and described the settlement terms. Petitioner s allege that their son Joseph N. Lerro (“Joey”)

suffered injuries and death due to diphtheria

- tet anus

- acellular pertussis (DTaP), haemophilus

influenza type B (HiB), inactivated polio (IPV), pneumococcal (Prevnar), and rotavirus vaccines

which Joey received on January 23, 2012. R espondent denies that Joey’s injuries and death were

caused by DTa P , HiB , IPV, Prevnar, and/or ro t avirus vaccines . Nonetheless, the parties agreed to

resolve this matter informally.

1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the

special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in

accordance with the E

- Go vernment Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899, 2913 (Dec. 17, 2002). V accine

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 informat ion 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 p rior 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. Case 1:12-vv-00812-UNJ Document 10 Filed 07/03/13 Page 1 of 72

The court hereby adopts the parties’ said stipulation, attached hereto, and awards

compensation in the amount and on the terms set forth therein . Pursuant to the stipulation, the

court awards petitioner s a lump sum of $ 235 ,000.00 r epresenting compensation for all damages

that would be available under 42 U.S.C. § 300aa

- 15(a). The award shall be in the form of a check

for $ 235 ,000.00 made payable to petitioner s as administrators/executors of Joey’s estate

.

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: July 3 , 2013 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. Case 1:12-vv-00812-UNJ Document 10 Filed 07/03/13 Page 2 of 7Case 1:12-vv-00812-UNJ Document 10 Filed 07/03/13 Page 3 of 7Case 1:12-vv-00812-UNJ Document 10 Filed 07/03/13 Page 4 of 7Case 1:12-vv-00812-UNJ Document 10 Filed 07/03/13 Page 5 of 7Case 1:12-vv-00812-UNJ Document 10 Filed 07/03/13 Page 6 of 7Case 1:12-vv-00812-UNJ Document 10 Filed 07/03/13 Page 7 of 7