VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00801
Package ID: USCOURTS-cofc-1_11-vv-00801
Petitioner: K.M.
Filed: 2011-11-30
Decided: 2016-04-01
Vaccine: MMR
Vaccination date: 2008-12-04
Condition: opsoclonus myoclonus syndrome (OMS)
Outcome: compensated
Award amount USD: 37500

AI-assisted case summary:
On November 30, 2011, Kevin Musto and Stacey Musto, as parents and legal representatives of their minor daughter K.M., filed a petition under the National Vaccine Injury Compensation Program. They alleged that K.M. developed opsoclonus myoclonus syndrome (OMS) after receiving the measles-mumps-rubella (MMR) vaccine on December 4, 2008. The respondent, the Secretary of Health and Human Services, denied that the MMR vaccine caused K.M.'s alleged OMS or any other injury. Despite this denial, the parties filed a joint stipulation on March 10, 2016, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the court. The stipulation provided for K.M. to receive a lump sum of $37,500.00, payable to Kevin Musto and Stacey Musto as guardians/conservators of K.M.'s estate. This amount was intended to compensate for all damages available under the program. The decision stated that judgment would be entered in accordance with the terms of the stipulation, unless a motion for review was filed. The public decision does not describe K.M.'s onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation. No expert witnesses were named in the public decision.

Theory of causation field:
Petitioners alleged that K.M. developed opsoclonus myoclonus syndrome (OMS) as a result of receiving the measles-mumps-rubella (MMR) vaccine on December 4, 2008. The respondent denied causation. The parties entered into a joint stipulation for compensation, agreeing to an award of $37,500.00. The public decision does not detail the specific theory of causation, the mechanism of injury, or any expert testimony presented. The case was resolved via stipulation, with Chief Special Master Nora Beth Dorsey adopting the agreement. The award was a lump sum of $37,500.00. The decision date was April 1, 2016. Attorneys for the parties were not named in the public decision.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00801-0
Date issued/filed: 2016-04-01
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 03/11/2016) regarding 56 DECISION Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties.
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Case 1:11-vv-00801-UNJ Document 60 Filed 04/01/16 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: March 11, 2016
* * * * * * * * * * * * * * * UNPUBLISHED
KEVIN MUSTO and STACEY MUSTO, *
as Parents and Legal Representatives *
of their Minor Daughter, K.M., *
* No. 11-801V
Petitioners, *
*
v. * Chief Special Master Dorsey
*
SECRETARY OF HEALTH * Joint Stipulation on Damages;
AND HUMAN SERVICES, * MMR Vaccine; Opsoclonus
* Myoclonus Syndrome (OMS)
Respondent. *
* * * * * * * * * * * * * * *
DECISION1
On November 30, 2011, Kevin Musto and Stacey Musto (“petitioners”) filed a petition
pursuant to the National Vaccine Injury Compensation Program on behalf of their minor child,
K.M. 2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioners allege that K.M. developed opsoclonus
myoclonus syndrome (“OMS”) as a result of receiving the measles-mumps-rubella (“MMR”)
vaccine on December 4, 2008. Petition at ¶¶ 1, 2.
On March 10, 2016, the parties filed a stipulation in which they stated that a decision
should be entered awarding compensation. Respondent denies that the MMR vaccine caused
K.M.’s alleged OMS or any other injury. Nevertheless, the parties agree to the joint stipulation,
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note
(2012)(Federal Management and Promotion of Electronic Government Services). As provided
by Vaccine Rule 18(b), each party has 14 days within which to 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 Rule
18(b).
2 The National Vaccine Injury Compensation Program is set forth in 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-1 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this decision
to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

Case 1:11-vv-00801-UNJ Document 60 Filed 04/01/16 Page 2 of 8
attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum in the amount of $37,500.00 in the form of a check payable to
petitioners, Kevin Musto and Stacey Musto, as guardians/conservators of K.M.’s estate.
This amount represents compensation for all damages that would be available under 42 U.S.C. §
300aa-15(a). Stipulation dated March 10, 2016, (ECF No. 55) at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.

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