# In the United States Court of Federal Claims

OFFICE OF SPECIAL MA STERS

No. 02

- 160 V

Filed: October 5 , 2015

* * * * * * * * * * * * * UNPUBLISHED

BETH ROSENBERG

, mother and next *

friend of J.R., a minor

, *

* Chief Special Master Dorsey

Petitioner, *

* Joint Stipulation on Damages; DTaP

v. * Vaccine ; H ypersensitivity Reactions

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Robert J. Krakow

, Law Office of Robert J. Krakow, P.C.

, New York, NY , for petitioner.

Chrysovalantis P. Kefalas , United States Department of Justice, Washington, DC, for

respondent.

DECISION ON JOINT STIPULATION 1

On March 1, 2002

, Beth Rosenberg (“petitioner”) filed a petition on behalf of her minor

child, J.R., pursuant to the National Vacc ine Injury Compensation Program. 2 42 U.S.C. §§

300aa

- 1 to

- 34 (2006). Petitioner alleged tha t, as a result of receiving two diphtheria

- tetanus

acel lular pertussis (DTaP) vaccines on March 8, 1999, and March 20, 2000, J.R. developed or

experienced a significant aggravation of hypersensitivity reactions

. Amended Petition at ¶ 2 2

-

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

the undersigned intends to post this ruling on the website of the United States Cou rt of Federal

Claims , in accordance with the E

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

- 347, § 205, 116 Stat.

2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule

18(b), each party has 14 days within which to reques t 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.” Vaccine Rule 18(b).

2 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. §§ 300aa

- 1 to

- 34 (2006) (Vaccine Act or the Act). All citati ons in this decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.2 4

. Further, petitioner alleged that J.R. exp erienced residual effects of the injury for more than

six months. Id. at ¶ 25.

On October 2 , 2015, the parties filed a stipulation in which they state that a decision should be

entered awarding compensation. Respondent denies that the DTaP vaccines caused and/or

significantly a ggravated J.R.’s alleged hypersensitivity reactions and/or any other injury. Stipulation

¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The

undersigned finds the stipulation reasonable and adopts it as the decision of the Court in

awarding damages, on the terms set forth therein.

The parties stipulate that petitioner shall receive the following compensation:

A lump sum of $ 12,000 .00 in the form of a check payable to petitioner, on behalf of J.R.

This amount represents compensation for all damages that would be available under 42

U.S.C. § 300aa

- 15(a).

Id. ¶ 8.

The undersigned approves the requested amounts for petitioner’s compensation. Accordingly,

the clerk of the court SHALL ENTER JUDGMEN T in accordance with the terms of the parties’

stipulation. 3

IT IS SO ORDERED.

s/ Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review.