VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00195
Package ID: USCOURTS-cofc-1_12-vv-00195
Petitioner: M.S.P. Jr.
Filed: 2012-03-26
Decided: 2014-10-03
Vaccine: MMR
Vaccination date: 2009-04-20
Condition: acute encephalopathy and/or other injury that has resulted in a seizure disorder, global developmental delay, and quadriplegia
Outcome: compensated
Award amount USD: 296500

AI-assisted case summary:
Michael Pereyra, as guardian ad litem for his minor son M.S.P. Jr., filed a petition on March 26, 2012, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that M.S.P. Jr. suffered an acute encephalopathy and/or other injury resulting in a seizure disorder, global developmental delay, and quadriplegia, allegedly caused by receipt of measles-mumps-rubella (MMR), varicella, and hepatitis A (Hep A) vaccines on April 20, 2009. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused M.S.P. Jr.'s conditions. However, both parties agreed to settle the case through a stipulation filed on February 24, 2014. The stipulation acknowledged that the MMR, varicella, and Hep A vaccines are listed on the Vaccine Injury Table. The parties agreed that a decision should be entered awarding compensation. Special Master Lisa Hamilton-Fieldman adopted the stipulation. The decision awarded a lump sum of $250,000.00 for all damages, payable to Petitioner as guardian/conservator of M.S.P. Jr.'s estate. A separate decision on October 3, 2014, awarded $46,500.00 for attorneys' fees and costs, payable jointly to Petitioner and his counsel, Neal J. Fialkow. The total compensation awarded was $296,500.00. The case was resolved via stipulation, with the Special Master approving the settlement and directing the entry of judgment. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of injury. Petitioner was represented by Neal Fialkow, and Respondent was represented by Ann Martin.

Theory of causation field:
Petitioner alleged that M.S.P. Jr. suffered an acute encephalopathy and/or other injury resulting in a seizure disorder, global developmental delay, and quadriplegia, allegedly caused by receipt of measles-mumps-rubella (MMR), varicella, and hepatitis A (Hep A) vaccines administered on April 20, 2009. The respondent denied causation. The parties stipulated to settle the case, acknowledging that the MMR, varicella, and Hep A vaccines are on the Vaccine Injury Table. The Special Master adopted the stipulation, awarding $250,000.00 for damages and $46,500.00 for attorneys' fees and costs, for a total of $296,500.00. The stipulation does not detail the specific mechanism of injury or name any medical experts. The theory of causation relied on the Vaccine Injury Table listing.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_12-vv-00195-0
Date issued/filed: 2014-03-19
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: February 25, 2014) regarding 25 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00195-UNJ Document 26 Filed 03/19/14 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-195V
(E-Filed: February 25, 2014)
* * * * * * * * * * * * * * *
MICHAEL PEREYRA, as Guardian Ad * UNPUBLISHED
Litem, for minor son, M.S.P., Jr., *
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* MMR Vaccination; Varicella
SECRETARY OF HEALTH AND * Vaccination; Hepatitis A Vaccination;
HUMAN SERVICES, * Acute Encephalopathy; Seizure
* Disorder; Decision; Stipulation.
Respondent. *
* * * * * * * * * * * * * * *
Neal Fialkow, Pasadena, CA, for Petitioner.
Ann Martin, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 26, 2012, Petitioner filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (Athe Vaccine Program@). Petitioner
alleged that his son (“M.S.P. Jr.”) suffered an acute encephalopathy and/or other injury
that has resulted in a seizure disorder, as a result of receiving the measles-mumps-rubella
1 Because this decision contains a reasoned explanation for the undersigned’s
action in this case, the undersigned intends to post this decision on the United States
Court of Federal Claims’ website, in accordance with the E-Government Act of 2002,
Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. §
3501 note (2006)). 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). Otherwise, “the entire” decision
will be available to the public. Id.
1

Case 1:12-vv-00195-UNJ Document 26 Filed 03/19/14 Page 2 of 8
(“MMR”), varicella, and hepatitis A (“Hep A”) vaccinations.2
Respondent denies that M.S.P. Jr.’s vaccinations caused M.S.P. Jr.’s acute
encephalopathy and/or other injury that has resulted in a seizure disorder, and/or any
other injury. Nonetheless, both parties, while maintaining their above stated positions,
agreed in a Stipulation, filed February 24, 2014, (“Stipulation”) that the issues before
them can be settled and that a decision should be entered awarding Petitioner
compensation.
The undersigned finds said stipulation reasonable and adopts it as the decision of
the Court in awarding damages, on the terms set forth therein.
The stipulation awards:
A lump sum of $250,000.00 in the form of a check payable to Petitioner as
guardian/conservator of M.S.P. Jr.’s estate. This amount represents
compensation for all damages that would be available under 42 U.S.C.
§300aa-15(a) to which Petitioner would be entitled.
Stipulation ¶ 8.
The undersigned approves the requested amounts 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 herewith.3
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
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.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002)
(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.
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.
2

Case 1:12-vv-00195-UNJ Document 26 Filed 03/19/14 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
MICHAEL PEREYRA, as Guardian Ad )
Litem, for minor son, MICHAEL S. )
PEREYRA, JR., )
)
Petitioner, )
) No. 12-195V
v. ) Special Master Hamilton-Fieldman
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
STIPULATION
The parties hereby stipulate to the following matters:
1. On behalf of his son, Michael S. Pereyra, Jr. (“Michael”), 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 Michael’s receipt of measles-mumps-rubella (“MMR”), varicella, and
hepatitis A (“Hep A”) vaccines, which vaccines are contained in the Vaccine Injury Table (the
“Table”), 42 C.F.R. § 100.3(a).
2. Michael received MMR, varicella, and Hep A vaccines on April 20, 2009. He also
received diphtheria-tetanus-acellular pertussis (“DTaP”) and pneumococcal conjugate (“PCV”)
vaccines on June 18, 2009.
3. The vaccines were administered within the United States.
4. Petitioner alleges that the vaccines that Michael received on April 20, 2009, caused
him to suffer an acute encephalopathy and/or other injury that has resulted in a seizure disorder,

Case 1:12-vv-00195-UNJ Document 26 Filed 03/19/14 Page 4 of 8
global developmental delay, and quadriplegia. In the alternative, petitioner alleges that these
vaccines significantly aggravated a preexisting condition. Petitioner further alleges that Michael
experienced the residual effects of his vaccine-related injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on behalf of Michael as a result of his condition.
6. Respondent denies that Michael suffered the onset of an encephalopathy within the
time period set forth in the Table; denies that the MMR, varicella and/or Hep A vaccines that
Michael received on April 20, 2009, or any other vaccines, caused an encephalopathy, seizure
disorder, global developmental delay, quadriplegia, and/or any other injury; denies that any of
Michael’s vaccines caused a significant aggravation of a preexisting condition; and denies that
Michael’s current disabilities are sequelae of his alleged 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)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $250,000.00 in the form of a check payable to petitioner as
guardian/conservator of Michael’s estate. This amount represents compensation
for all damages that would be available under 42 U.S.C. § 300aa-15(a).
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
2

Case 1:12-vv-00195-UNJ Document 26 Filed 03/19/14 Page 5 of 8
42 U.S.C. § 300aa-21(a)(1), 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.
10. Petitioner and his attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 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, the money provided pursuant to this Stipulation will be
used solely for the benefit of petitioner 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 he presently is, or within 90 days of the date of judgment
will become, duly authorized to serve as guardian/conservator of Michael’s estate under the laws
of the State of California. No payments pursuant to this Stipulation shall be made until petitioner
provides the Secretary with documentation establishing his appointment as guardian/conservator
of Michael’s estate. If petitioner is not authorized by a court of competent jurisdiction to serve
as guardian/conservator of the estate of Michael S. Pereyra, Jr., at the time a payment pursuant to
this Stipulation is to be made, any such payment shall be paid to the party or parties appointed by
3

Case 1:12-vv-00195-UNJ Document 26 Filed 03/19/14 Page 6 of 8
a court of competent jurisdiction to serve as guardian/conservator of the estate of Michael S.
Pereyra, Jr., upon submission of written documentation of such appointment to the Secretary.
14. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity, and as legal representative of Michael, on petitioner’s own behalf, and on
behalf of Michael, his heirs, executors, administrators, successors or assigns, does forever
irrevocably and unconditionally release, acquit and discharge the United States and the Secretary
of Health and 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 Michael resulting from, or
alleged to have resulted from, the MMR, varicella and/or Hep A vaccinations administered on
April 20, 2009, and/or the DTaP and/or PCV vaccines administered on June 18, 2009, as alleged
by petitioner in a petition for vaccine compensation filed on or about March 26, 2012, in the
United States Court of Federal Claims as petition No. 12-195V.
15. If Michael 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.
4

Case 1:12-vv-00195-UNJ Document 26 Filed 03/19/14 Page 7 of 8
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 9 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.
18. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the MMR, varicella, Hep A, and/or any other
vaccines caused petitioner to suffer an encephalopathy, seizure disorder, global developmental
delay, quadriplegia, and/or any other injury; or that Michael’s vaccines caused him to suffer a
significant aggravation of a preexisting condition.
19. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
/
/
/
/
/
/
/
/
/
/
/
/
/
/
5

Case 1:12-vv-00195-UNJ Document 26 Filed 03/19/14 Page 8 of 8

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_12-vv-00195-1
Date issued/filed: 2014-10-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/03/2014) regarding 30 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00195-UNJ Document 31 Filed 10/28/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-195V
(E-Filed: October 3, 2014)
* * * * * * * * * * * * * * * *
MICHAEL PEREYRA, as Guardian * UNPUBLISHED
Ad Litem, for minor son, M.S.P., Jr., *
* Special Master
Petitioners, * Hamilton-Fieldman
*
v. * Decision on Attorneys’ Fees
* and Costs; Reasonable Amount
SECRETARY OF HEALTH * Requested to Which Respondent
AND HUMAN SERVICES, * Does Not Object.
*
Respondent. *
* * * * * * * * * * * * * * * *
Neal J. Fialkow, Neal Fialkow, Esq., Pasadena, CA, for Petitioners.
Ann D. Martin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1 (ATTORNEY FEES AND COSTS)
In this case under the National Vaccine Injury Compensation Program,2 Petitioner,
Michael Pereyra, filed a petition on behalf of his minor child, M.S.P., Jr., on March 26,
2012. On October 3, 2014, the parties filed a Stipulation for Attorneys’ Fees and Costs.
This stipulation requests a total payment of $46,500.00, representing total attorneys’ fees
1 The undersigned intends to post this unpublished decision on the United States
Court of Federal Claims’ website, in accordance with the E-Government Act of 2002,
Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. §
3501 note (2006)). 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 trade
secret or commercial or financial information and is privileged or confidential, or (2) that
are medical files and similar files the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Otherwise, “the entire” decision will be available to
the public. Id.
2 The applicable statutory provisions defining the program are found at 42 U.S.C.
§ 300aa-10 et seq. (2006).
1

Case 1:12-vv-00195-UNJ Document 31 Filed 10/28/14 Page 2 of 2
and costs. Pursuant to General Order #9, Petitioner stated that he has incurred no costs in
pursuit of his claim.
The undersigned finds that this petition was brought in good faith and that there
existed a reasonable basis for the claim. Therefore, an award for fees and costs is
appropriate, pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed
amount seems reasonable and appropriate. Accordingly, the undersigned hereby
awards the amount of $46,500.00, in the form of a check made payable jointly to
Petitioner and Petitioner’s counsel, Neal J. Fialkow, Esq.
In the absence of a timely-filed motion for review filed pursuant to Appendix B of
the Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment
in accordance herewith.
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2