Dorego v. Secretary of Health and Human Services ( 2015 )


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  • In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    *********************
    ARLENE DOREGO,           *                           No. 14-337 V
    *
    Petitioner, *                           Special Master Moran
    *
    v.                       *                           Filed: July 13, 2015
    *
    SECRETARY OF HEALTH      *                          Stipulation; measles-mumps-rubella
    AND HUMAN SERVICES,      *                          (“MMR”) vaccine; idiopathic
    *                          thrombocytopenia purpura (“ITP”);
    Respondent. *                          chronic musculoskeletal pain.
    *********************
    Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner;
    Julia McInerny, United States Dep’t of Justice, Washington, DC, for Respondent.
    UNPUBLISHED DECISION1
    On July 10, 2015, respondent filed a joint stipulation concerning the petition
    for compensation filed by Arlene Dorego on April 23, 2014. In her petition, Ms.
    Dorego alleged that the measles-mumps-rubella (“MMR”) vaccine, which is
    contained in the Vaccine Injury Table (the “Table”), 
    42 C.F.R. §100.3
    (a), and
    which she received on July 2, 2011, caused her to suffer idiopathic
    thrombocytopenia purpura (“ITP”) and chronic musculoskeletal pain. Petitioner
    further alleges that she experienced the residual effects of these injuries for more
    than six months. Petitioner represents that there has been no prior award or
    settlement of a civil action for damages as a result of her condition.
    Respondent denies that petitioner suffered ITP, chronic musculoskeletal pain
    or any other injury as the result of her July 2, 2011 MMR vaccination, and denies
    that she experienced the residual effects of this injury for more than six months.
    1
    The E-Government Act of 2002, Pub. L. No. 107-347, 
    116 Stat. 2899
    , 2913 (Dec. 17,
    2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
    the party has 14 days to file a motion proposing redaction of medical information or other
    information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
    master will appear in the document posted on the website.
    Nevertheless, the parties agree to the joint stipulation, attached hereto as
    “Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
    the decision of the Court in awarding damages, on the terms set forth therein.
    Damages awarded in that stipulation include:
    A lump sum of $50,000.00 in the form of a check payable to petitioner,
    Arlene Dorego. This amount represents compensation for all damages
    that would be available under 42 U.S.C. § 300aa-15(a).
    In the absence of a motion for review filed pursuant to RCFC, Appendix B,
    the clerk is directed to enter judgment in case 14-337V according to this decision
    and the attached stipulation.2
    Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
    6360.
    IT IS SO ORDERED.
    s/Christian J. Moran
    Christian J. Moran
    Special Master
    2
    Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
    party filing a notice renouncing the right to seek review by a United States Court of Federal
    Claims judge.
    2
    Case 1:14-vv-00337-UNJ Document 27 Filed 07/10/15 Page 1 of 5
    Case 1:14-vv-00337-UNJ Document 27 Filed 07/10/15 Page 2 of 5
    Case 1:14-vv-00337-UNJ Document 27 Filed 07/10/15 Page 3 of 5
    Case 1:14-vv-00337-UNJ Document 27 Filed 07/10/15 Page 4 of 5
    Case 1:14-vv-00337-UNJ Document 27 Filed 07/10/15 Page 5 of 5
    

Document Info

Docket Number: 14-337

Judges: Christian J. Moran

Filed Date: 8/7/2015

Precedential Status: Non-Precedential

Modified Date: 4/18/2021