# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12

- 512V

Filed: May 22, 2013

Not for P ublication

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

AUTUMN LAIDLAW, legal representative *

of a minor child, EMILY STONE, *

*

Petitioner

, *

* Damages D ecision B ased on P roffer

v. *

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Verne E. Paradie, Jr.

, Lewiston, ME , for petitioner.

Lara A. Englund , Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES 1

On May 20 , 2013 , respondent filed a Proffer on Award of Compensation. Based on the

record as a whole, the special master finds that petitioner is entitled to the award as stated in the

Proffer. Pursuant to the terms stated in the attached Proff er, the court award s petitioner an

amount sufficient to p urchase an annuity contract subject to the conditions described in section

II. of the Proffer

, which will provide for a lump sum payment of $45,731.71 to be made on or

1 Because this decision contains a reasoned explanation for th e special master's action in this case, t h e

special master intends to post this 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 spe cial 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

invasi on of privacy. When such a decision is filed, petitioner has 14 days to identify and move to delete

such information prior to the document = s disclosure. If the special master, upon review, agrees that the

identified material fits within the banned catego ries listed above, the special master shall delete such

material from public access.2

about December 2, 2027.

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: May 22, 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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

AUTUMN LAIDLAW, legal representative )

of a minor child, EMILY STONE, )

)

Petitioner

, )

)

v. ) No. 12

- 512 V

) Special Master Laura Millman

SECRETARY OF )

HEALTH AND HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT ’ S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vac cine Injury

- Related Items

Petitioner alleged that Emily Stone suffered fat necrosis following her receipt of a

measles

- mumps

- rubella vaccine on August 13, 2012. Respondent proffers that Emily Stone

should be awarded the compensation described in S ection II below

. This amount represents all

elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa

- 15(a).

Petitioner agree s.

II. Form of the Award

The parties recommend that the compensation provided to Emily Stone should be made

through respondent ’ s purchase of an annuity to provide a future payment as described below, and

request that the special master ’ s decision and the Court ’ s judgment award the following:An amount sufficient to purchase an annuity contract 1 that will provide for a lump sum

payment of $45,731.71 to be made on or about December 2, 2027, paid to the life insurance

company 2 from which the annuity will be purchased. 3

Respectfully submitted,

STUART F. DELERY

Acting Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

ALTHEA W. DAVIS

Senior Trial Counsel

Torts Branch, Civil Division

1 In respondent ’ s discretion, respondent may purchase one or more annuity contracts from one or

more life insurance companies.

2 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus,

exclusive of any mandatory security valuation reserve. The Life Insuran ce Company must have

one of the following ratings from two of the following rating organizations:

a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;

b. Moody ’ s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;

c. Standard and Poor ’ s Corporation Insurer Claims

- Paying Ability Rating: AA

- , AA, AA+, or AAA;

d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability

Rating: AA

- , AA, AA+, or AAA.

3 Petitioner authorizes the disclosure of certain documents filed by the pet itioner in this case

consistent with the Privacy Act and the routine uses described in the National Vaccine Injury

Compensation Program System of Records, No. 09

- 15

- 0056.

2s/ LARA A. ENGLUND

LARA A. ENGLUND

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel: (202) 307

- 3013

DATED: May 20 , 2013

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