# Nash v. Secretary of Health and Human Services > United States Court of Federal Claims · March 1, 2022 URL: https://www.frixlaw.com/law-library/cases/6318478 ## Case - **Court:** United States Court of Federal Claims - **Decided:** March 1, 2022 - **Precedential status:** Unpublished - **Opinion:** Opinion - **Judges:** Brian H. Corcoran - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6318478 ## Opinion text In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1640V UNPUBLISHED AZUSA NASH, As Parent and Legal Chief Special Master Corcoran Representative of her Minor Daughter, U.C.N., Filed: January 20, 2022 Petitioner, Special Processing Unit (SPU); Joint v. Stipulation on Damages; Measles Mumps Rubella (MMR) Vaccine; SECRETARY OF HEALTH AND Thrombocytopenic Purpura (ITP) HUMAN SERVICES, Respondent. David Alexander Tierney, Rawls Law Group (Richmond), Richmond, VA, for Petitioner. Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 On October 24, 2018, Azusa Nash filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). Petitioner alleges that her minor daughter, U.C.N. suffered immune thrombocytopenic purpura (“ITP”) as a result of her February 16, 2016 Measles Mumps Rubella (“MMR”) vaccination. Stipulation, filed at January 18, 2022, ¶¶ 1-2; 4; see also Petition at 1. Petitioner further alleges the vaccine was administered within the United States, that U.C.N. suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on U.CN.’s behalf as a result of her injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 13-15. “Respondent denies that U.C.N. sustained an ITP Table Injury; denies that any vaccine caused 1 Because this unpublished Decision contains a reasoned explanation f or the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If , upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). U.C.N.’s alleged ITP, or any other injury; and denies that U.C.N.’s current condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on January 18, 2022, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $30,000.00 in the form of a check payable to Petitioner as guardian/conservator of U.C.N.’s estate. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision. 3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint f iling of notice renouncing the right to seek review. 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) AZUSA NASH, as Parent and Legal ) Representative of her Minor Daughter, ) U.C.N., ) Petitioner, ) No. 18-1640V ) Chief Special Master Corcoran v. ) ECF ) SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) STIPULATION The parties hereby stipulate to the following matters: I. Azusa Nash, on behalf of U.C.N., a minor child, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the ·'Vaccine Program''). The petition seeks compensation for injuries allegedly related to U.C.N.'s receipt of the Measles, Mumps, and Rubella ("MMR") vaccine, which vaccine is contained in the Vaccine Injury Table (the ·Table"), 42 C.F.R. § 100.3 (a). 2. U.C.N. received the vaccine on or about February 16, 2016. 1 3. The vaccinations were administered within the United States. 4. Petitioner alleges that U .C. N. suffered immune thrombocytopenia ("ITP") within the time period set forth in the Table following the MMR vaccine, or in the alternative, that U.C.N.'s alleged ITP was caused by the vaccine. Petitioner further alleges that U.C.N. experienced the residual effects of this condition for more than six months. 1 On the same date, U.C.N. also received the Hepatitis A, Varicella, and Prevnar-13 vaccinations. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on U.C.N.'s behalf as a result of her condition. 6. Respondent denies that U.C.N. sustained an ITP Table injury; denies that any vaccine caused U.C.N. 's alleged ITP, or any other injury; and denies that U.C.N.'s current condition is a sequelae of a vaccine-related injury. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $30,000.00 in the form of a check payable to petitioner as guardian/conservator of U.C.N. ·s estate, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). No payment shall be made until petitioner provides respondent with documentation establishing that she has been appointed as guardian/conservator of U.C.N. 's estate. 9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(I), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. I0. Petitioner and her attorney represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-l 5(g), including State compensation programs, insurance policies, 2 Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis. 11. Payment made pursuant to paragraph 9 and any amounts awarded pursuant to paragraph IO of this Stipulation will be made in accordance with 42 U .S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for U.C.N.'s benefit as contemplated by a strict construction of 42 U.S.C. §§ 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. §§ 300aa-15(g) and (h). 13. Petitioner represents that she presently is, or within 90 days of the date of judgment will become, duly authorized to serve as guardian/conservator of U .C. N .'s estate under the laws of the State of Florida. No payments pursuant to this Stipulation shall be made until petitioner provides the Secretary with documentation establishing her appointment as guardian/conservator of U .C.N .'s estate. If petitioner is not authorized by a court of competent jurisdiction to serve as guardian/conservator of U.C.N.'s estate at the time a payment pursuant to this Stipulation is to be made, any such payment shall be paid to the party or paities appointed by a court of competent jurisdiction to serve as guardian/conservator of the estate of U .C.N. ·s upon submission of written documentation of such appointment to the Secretary. 14. In return for the payments described in paragraphs 9 and 10, petitioner, in her individual capacity, and as legal representative of U.C.N.,on behalf of herself, U.C.N.,and U.C.N.'s heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and 3 Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of U.C.N. resulting from, or alleged to have resulted from, the vaccinations administered on or about February 16, 2016, as alleged by petitioner in a petition for vaccine compensation filed on or about October 24, 2018, in the United States Cou1t of Federal Claims as petition No. 18-1640V. 15. If U.C.N. should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 16. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 17. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 10 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 4 18. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the any vaccine caused U.C.N. 's alleged ITP injury, or any other injury or condition. 19. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns as legal representatives of U .C.N. END OF STIPULATION 5 PETITIONER: AZUSA NASH, As Parent and Legal Representative of her Minor Daughter, U.C.N. ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ....J CJ? ·- --~ c:---~ DAVID A. TIERNEY, ESQ. HEATHERL.PEARLMAN Rawls Law Group Deputy Director 211 Rocketts Way Torts Branch Suite 100 Civil Division Richmond, VA 23231 U.S. Department of Justice Tel: (804) 622-0675 P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR THE SECRETARY OF HEALTH AND RESPONDENT: HUMAN SERVICES: Da& ~ 1 D~Se--1 A/Jhv; f ,i, CDR GEORGE REED GRIMES, MD, MP COLLEEN C. HARTLEY Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08N 146B Tel: 202-616-3644 Rockville, MD 20857 Email: colleen.hartley@usdoj.gov Dated: Q L It 8 l:zm-2= 6 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6318478. Public record. Not legal advice.