1 

# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 3

- 44 V

Filed: May 12, 2016

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

MIC KAY LA WATERMAN

, * UNPUBLISHED

*

Petitioner, * Special Master Hamilton

- Fieldman

*

v. *

* Decision on Proffer; Human

SECRETARY OF HEALTH AND * Pap illomavirus ( “ HPV ” ) Vaccine;

HUMAN SERVICES, * Urticaria.

*

Respondent. *

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

Verne E. Paradie , Paradie, Sherman, Walker and Worden, Lewiston, ME

, for P etitioner

. Gordon Shemin

, U.S. Department of Justice, Washington, DC, for R espondent

.

DECISION AWARDING DAMAGES 1

On January 17, 2013

, Jessica Dussault filed a petition for compensation on behalf of a

minor child, Mickayla Waterman ( “ Petitioner ” )

, 2 under the National Vaccine Injury

Compensation Program ( “ the Vaccine Program ” )

. 3 Ms. Dussault alleg ed that the administration

1 Because this unpublished decision contains a reasoned explanation for the

undersigned’s action in this case, the undersigned intends to post this decision on the United

States Court of Federal Claims’ website, in accordance with the E

- Governmen t Act of 2002,

Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amende d at 44 U.S.C. § 3501 note

(20 12 )). 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.” Otherwise, “th e entire” decision will be available to the public. Id.

2 The caption was amended on January 5, 2016 and February 8, 2016 , to reflect the fact

that Mickayla Waterman had reached the age of majority.

3 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.A. ' 300aa

- 10

- ' 300aa

- 34 (West 1991 & Supp. 2002) (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 of human p apillomavirus ( “ HPV ” ) vaccines on December 29, 2011, February 29, 2012, and July

11, 2012 caused Petitioner to suffer from painful, itchy hives and painful joints

. On February 5,

2016 , the undersigned ruled that Petitioner was entitled to compensation.

On Ma y 12 , 2015, Respondent filed a Proffer on Award of Compensation (“ Proffer ” ),

attached hereto as Appendix A. In the Proffer, Respondent represents that Petitioner agrees wit h

the proffered aw ard. The undersigned finds the Proffer reasonable and adopts it as the decision

of the Court in awar ding damages , on the terms set forth therein.

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

Petitioner :

A lump sum payment of $ 16 6,443.40 , representing Petitioner’s pain and

suffering ($160,00 0 .00) and past un

- reimbursable expenses ($ 6,443.40 )

, in

the form of a check payable to Petitioner

. This amount accounts for all

elements of compensation under 42 U.S.C. § 300aa

- 15(a) to which

Petitioner would be entitled.

Proffer Section II

.

The undersigne d approves the requested amount for P etitioner’s compensation. 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. 4

IT IS SO ORDERED.

s/ Lisa D. Hamilton

- Fieldman

Lisa D. Hamilton

- Fieldman

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.