# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 6 -116 V (not to be published)

* * * * * * * * * * * * * * * * * * * * * * * * * SARAH AMMONS, as mother and * natural guardian of minor, D.A. , and * KRISTOPHER AMMONS, as father and * natural guardian of minor , D.A

., * Special Master Corcoran

* Petitioners, * Filed: July 9, 2018
*

v. * * Decision by Stipulation; Damages; SECRETARY OF HEALTH * Varicella Vaccine; TetanusAND HUMAN SERVICES, * diphtheria-pertussis ( “ TDaP ” ) Vaccine;
* Measles-mumps-rubella ( “ MMR ” ) Vaccine.
* Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * *

Jeffrey S. Pop , Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.

Ryan Daniel Pyles

, U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On January 27

, 2016, Sarah and Kristopher Ammons filed a petition on behalf of D.A.

, their deceased minor child, seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”). 2 Petitioners allege that D.A. suffered from febrile

1 Although this Decision has been formally designated “not to be published,” it w ill nevertheless be posted on the Cou rt of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet . As provided by 42 U.S.C. § 300aa12(d)(4)(B), however, the parties may object to the D ecision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which t o 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 Ru le 18(b). Otherwise, the whole Decision in its present form will be available. Id

.

2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (20 12) (“Vaccine Act” or “the Act”)

.2

seizures that led to positioned asphyxia and death, as a result of h is July 11, 2014 childhood vaccinations (including Varicella, Tetanus-diphtheria-pertussis, and Measles-mumps-rubella).

Respondent denies that the vaccinations listed above caused D.A. ’ s seizures or his death

. Nonetheless both parties, while maintaining their above

- stated positions, agreed in a stipulation (filed on July 9, 2018 ) that the issues before them could be settled, and that a decision should be entered awarding Petitione r s compensation.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the
terms set forth therein.

The stipulation awards:

 A lump sum of

$ 60

, 0 00 .00

, in the form o f a check payable to Petitioners.

Stipulation ¶ 8. This amount represen ts compensation for all damages that would be available under Section 15(a) of the Act.

I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioners. In the absence of a motion for review filed pursuant to RCF C Appendix B, the clerk of the Court is directed to enter judgment herewith. 3

IT IS SO ORDERED.

/s/ Brian H. Corcoran Brian H. Corcoran Special Master

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