# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 572 V

Filed: August 28, 2015

Not for Publication

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

CARA BROCKWAY

, *

Legal Representative of Minor Child, H.B. *

*

Petitioner

, * Damages decision based on

* stipulation; influenza (flu) vaccine;

v. * human papilloma virus vaccine;

* hepatitis A vaccine;

* transverse myelitis;

* encephalomyelitis;

* neurogenic bladder ;

SECR ETARY OF HEALTH * fees and costs

AND HUMAN SERVICES, * decision based on stipulation

*

Respondent. *

*

*

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

Paul R. Brazil

, Philadelphia, PA , for petitioner.

Julia W. McInerny , Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES AND ATTORNEYS ’ FEES AND COSTS 1

On August 28, 2015

, the part ies filed the attached stipulation in which they agreed to

settle this case and described th e settlement terms. Petitioner allege s that he r child , H.B.,

suffered from transverse myelitis (“TM”) , encephalomyelitis (“ADEM”)

, neurogenic bladder,

and subseque nt conditions that were caused by H.B.’ s receipt of the I nfluenza (“flu”) , Human

1 Because this unpublished decision contains a reasoned explanation f or the special master’ s action i n this

case, the special master intends to post this unpublished decision on the United States Court of Federal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

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat.

2899, 2913 (Dec. 17, 2002). Vaccine 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 information 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

a nd move to redact such information prior 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

.Papilloma V irus (“HPV”) , and H epatitis (“Hep.”) A vaccines on September 26, 2013

. Petitioner

further alleges that he r child suffered the residual effects of these injuries for more than six

months. Respondent denies that the flu , HPV, or Hep. A vaccine s caused H.B. ’s alleged injury

or any other injury. Nonetheless, the parties agreed to resolve this matter informally.

The court finds the terms of the stipulation to be rea sonable, hereby adopts the parties’

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

to the attached stipulation, the court awards $ 185 ,000.00 for reimbursement for all damages that

would be available und er 4 2 U.S.C. § 300aa

- 15(a) (2012 ).

The parties have also agreed on an appropriate amount for attorneys’ fees and costs in

this case. In accordance with General Order #9, petitioner asserts that s he did not incur out

- of

p ocket expenses in pursuit of her petit ion. Petitioner requests $ 19,320.00 in attorneys’ fees and

costs . Res pondent does not object to this amount

. The undersigned fi nds this amount to be

reasonable.

Accordingly , the court awards :

a. a lump sum of $185,000.00

, representing compensation for all damages that would be

av ailable under 42 U.S.C. § 300aa

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

made payable to petitioner in the amount of $185 ,000.00 ; and

b. a lump sum of $ 19,320.00 , representing reimbursement for attorneys’ fees and costs

. The award sha l l be in the form of a check made payable jointly to petitioner and

Muller Brazil, LLP in the amount of $ 19,320.00 ;

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

the court is directed to enter judgmen t herewith. 2

IT IS SO ORDERED.

Dated: August 28, 2015 / 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.

2