U.S. Court of Federal Claims – Damages decision based on stipulation; HPV/Menactra and Multiple Sclerosis

United States Court of Federal Claims

DECISION AWARDING DAMAGES1
On October 4, 2010, the parties filed the attached stipulation, in which they agreed to settle this case and described the settlement terms. Petitioner alleged that she suffered from paralysis and right-sided numbness which was eventually diagnosed as multiple sclerosis following her meningitis and human papillomavirus (“HPV”) vaccinations. Respondent denies that petitioner’s
multiple sclerosis was caused in fact by her meningitis and HPV vaccinations. Nonetheless, the parties agreed to resolve this matter informally.

Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub.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 special 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 invasion 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 categories listed above, the special master shall delete such material from public access.
The court hereby adopts the parties said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards:

a. a lump sum of $500,000.00 in the form of a check made payable to petitioner; and
b. a sum of $3,000,000.00 to purchase the annuity contract described in paragraph 10 of the attached stipulation.

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: October 5, 2010 /s/ Laura D. Millman
Laura D. Millman
Special Master

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Author: Leslie Carol Botha

Author, publisher, radio talk show host and internationally recognized expert on women's hormone cycles. Social/political activist on Gardasil the HPV vaccine for adolescent girls. Co-author of "Understanding Your Mood, Mind and Hormone Cycle." Honorary advisory board member for the Foundation for the Study of Cycles and member of the Society for Menstrual Cycle Research.