### IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

No. 11-721V Filed: August 22, 2014 (Not to be published)

* * * * * * * * * * * * * * * * * * * * * * * * * * * * BRIAN GORMAN and LORI GORMAN, * parents of A.G., a minor, *

* Petitioners, * Stipulation; MMR; DTap; varicella; IPV; * Optic Neuritis

v. *

*

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * * * * * * * * * * * * * * * * Robert Joel Krakow, Esq., Law Office of Robert J. Krakow, P.C., New York, NY, for petitioner. Tara J. Kilfoyle, Esq ., U.S. Dept. of Justice, Wa shington, DC, for respondent.

DECISION ON J OINT STIPULATION 1

Gowen, Special Master:

Brian Gorman and Lori Gorman, parents of A.G. a minor, [“pet itioners”] filed a petition for compensation under the National Vaccine Injury Compensation Program 2 on October 31, 2011. Petitioners al lege that A.G. suffered optic neuritis that was caused in fact by the MMR, DTaP, varicella and IPV va ccines he received on November 18, 2008.
See Stipulation, filed August 20, 2014, at ¶¶ 2, 4. Further, petiti oners allege that A.G. experienced residual effe cts of his injury for more than six months. Id. at ¶ 4

.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in accordance with the EGovernment Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Va ccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that sa tisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted

decision. If, upon review, I agree that the identified material fi ts within the requirements of that provision, I will delete such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2006).Respondent denies that the MMR, DTaP, va ricella, and IPV vaccines caused A.G.’s alleged optic neuritis and/or any other injury. Id. at ¶ 6.

Nevertheless, the parties have agreed to settle the case. On August 20, 2014, the parties filed a joint stipulation 3 agreeing to settle this case and describing the

settlement terms.

Respondent agrees to issue the following compensat ion payments:

(a) A lump sum of $20,000.00, whic h represents compensation for past unreimbursable expenses, in the form of a check payable to petitioners, Brian Gorman and Lori Gorman.

(b) An amount of $160,000.00 to pur chase an annuity contract with benefits to be paid as described in paragraph 10 of the attached stipulation. Said annuity to be purchased by the respondent from an insurance company meeting th e capitalization and rating requirements described in paragraph 9 of the stipulation.

(c) These amount represents compensation for all damages that would be available under § 300aa-15(a).

The special master adopts the parties’ st ipulation attached hereto, and awards compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision. 4

IT IS SO ORDERED.

s/ Thomas L. Gowen

Thomas L. Gowen Special Master

3 The attached joint stipulation is redacted and all of the redactions within the stipulation refer to the minor, A.G.

4 Pursuant to Vaccine Rule 11(a), entry of judgm ent can be expedited by each party filing a notice renouncing the right to seek review.