# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: December 14, 2015

* * * * * * * * * * * * * * * UNPUBLISHED

SARA OLIVIA CAIN

, *

* No. 15

- 325 V

Petitioner, *

* Special Master Roth

v. *

* Damages Decision Based on Stipulation;

SECRETARY OF HEALTH * Attorney Fees and Costs; Meningitis

AND HUMAN SERVICES, * Vaccine ; Measles, Mumps, and

* Rubella ("MMR") vaccine; Alopecia

Respondent. *

*

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

Peter J

. Sarda

, Creech Law Firm

, Raleigh, NC , for petitioner.

Debra A. Filteau Begley

, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

Roth

, Special Master:

On March 30, 2015

, Sara Olivia Cai n filed a petition for compensation under the National

Vaccine Injury Compensation Program, 42 U.S.C. § 300aa

- 10, et seq

. 2 [the “Vaccine Act” or

“Program”]

, alleging that s he developed a lopecia as a r esult of the Meningitis Vaccine , which

she received on April 11, 2014, and the Measles, Mumps, and Rubella ("MMR") vaccine , which

she received on May 7, 2014. Respondent denies that the se vaccine s are the cause of petitioner’s

alleged alopecia or any other injury or condition. Stipulation at ¶ 6.

On December 11

, 2015

, the parties filed a joint stipulation agreeing to settle this case and

d escribing the settlement terms.

Respondent agrees to issue the following payments:

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this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 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)). In

accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other

information, that satisfies 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 fits within the requirements of that provision, I will delete such material from p ublic access.

2 The Program comprises 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

- 10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter,

individual section references will be to 42 U.S.C. § 300aa of the Act.2

1. A lump s um of $ 1 25,000. 00 in th e fo rm of a check payable to p e titioner. This

amount represents compensation for all dam ages th a t wo u l d b e avai l ab l e under 4 2

U .S .C. § 300aa

- l 5( a) ; and

2. A J ump s um of $ 1 1

, 432.03 in t h e form of a check p a y a b l e jointl y to petitioner

and petitioner’s attorney

, P ete r Sarda of the C r eec h Law Fir m

, P .A.

, for

a ttorn eys ' fees and cos t s avai l a bl e und e r 4 2 U.S.C. § 300aa

- l 5(e)

, and

, in

comp li ance w ith General O rd e r # 9

, n o o ut

- of

- p oc k e t expe n ses were incurr ed b y

peti tioner in proceeding o n th e p e titi o n.

I adopt the parties’ stipulation attached he reto, and award compensation in the amount

and on the terms set forth therein. Further, I find that the amount of stipulated fees is reasonable,

and thus an award for fees and costs is appropriate pursuant to § 300aa

- 15(e)(1). The clerk of

the court is dir ected to enter judgment in accordance with this decision. 3

IT IS SO ORDERED.

s/Mindy Michaels Roth

Mindy Michaels Roth

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the

right to seek review.