# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 876V (not to be published)

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TIMOTHY J. LOKEN

, as Natural Guardian and Legal Representative of G.L., a minor,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent.

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* Filed: March 16 , 2020

Decision by Stipulation; Damages; Tdap Vaccine; Idiopathic Thrombocytopenia Purpura (“ITP”).

Nancy Routh Meyers

, Ward Black Law, P.A.

, Greensboro, NC, for Petitioner.

Traci Patton , U.S. Dep ar t ment of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION 1

On June 20, 2018, Petitioner Timothy Loken (“Petitioner”) filed a petition, on behalf of his daughter, G.L., seeking compensation un der the National Vaccine Injury Compensation Program ( “ the Vaccine Program ” ). 2 Pet., ECF No. 1. Petitioner alleges that the Tdap vaccine G.L. received on June 10, 2016 caused her to suffer from idiopathic thrombocytopenia purpura (“ITP”)

. See Stipulation ¶ 2, 4, dated March 13, 2020 (ECF No. 3 1 ); see also Petition.

1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted

on the Court of Federal Claims’ website in accordance with the E

- Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the ruling will be availa ble to anyone with access to the internet . As provided by 42 U.S.C. § 300aa

- 12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourte en 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.” Vaccine Rule 18(b). Otherwise, the Decision in its present form will be available. Id.

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childho od 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). All citations in this decision to individual sections of the Vaccine

Act are to 42 U.S.C.A. ' 300aa.Respondent denies “that the vaccine caused G.L. to suffer from ITP or any other injury or

her current condition.” See Stipulation ¶ 6. Nonetheless, both parties, while maintain ing their

above

- stated positions, agreed in a stipulation filed March 13, 2020 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation.

I have reviewed the file, and based upon that review, I conc lude that the parties’ stipulation

is reasonable

. I therefore adopt it as my decision in awarding damages on the terms set forth

therein.

The parties have stipulated that Petitioner shall receive the following compensation:

1. Lump Su m

A lump sum of $5,000.00, which represents compensation for past unreimbursable expenses, in the form of a check payable to Petitioner, Timothy J. Loken. Stip. ¶ 8.

2. Annuity

The remainder of damages shall be paid in the form of an annuity contract, which shall be purchased as soon as practicable after entry of judgment. Accordingly, pursuant to 42 U.S.C. §

300aa

- 15(f)(4), I order R espondent to purchase, and take ownership of, an annuity contract

, 3 as described below:

Each Life Insurance Company must me et the following criteria:

1. Have a minimum of $250,000,000 of capital and surplus, exclusive of any mandatory security valuation reserve; and

2. 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.

The Secretary of Health and Human Services shall purchase an annuity contract from the Life Insurance Company for the benefit of G.L. , pursuant to which the Life Insurance Company will agree to make a ce rtain lump sum payment to G.L. for all other damages that would be available

under 42 U.S.C. § 300aa

- 15 (a) , in the amount of $64,189.35 on August 20, 2027.

3 To sa tisfy the conditions set forth herein, in R espondent’s discretion, R espondent may purchase one or more annuity contracts from one or more life insurance companies.I approve a Vaccine Program award in the requested amount set forth above to be made to

Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the C lerk

of the C ourt is directed to enter judgment herewith. 4

IT IS SO ORDERED.

s/ Katherine E. Oler

Katherine E. Oler Special Master

4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review.