VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00176
Package ID: USCOURTS-cofc-1_14-vv-00176
Petitioner: M.R.B.
Filed: 2015-03-18
Decided: 2015-10-22
Vaccine: MMR
Vaccination date: 2013-01-30
Condition: acute disseminated encephalomyelitis
Outcome: compensated
Award amount USD: 4506

AI-assisted case summary:
On March 18, 2015, Trish L. Burchill and Steven E. Burchill filed a petition on behalf of their minor child, M.R.B., alleging that M.R.B. developed acute disseminated encephalomyelitis (ADEM) as a result of receiving a Measles-Mumps-Rubella (MMR) vaccine and/or a Hepatitis A vaccine on or about January 30, 2013. The petition was filed pursuant to the National Vaccine Injury Compensation Program. Petitioners further alleged that M.R.B. experienced residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused M.R.B.'s ADEM or any other injury. Despite this denial, the parties filed a joint stipulation on March 17, 2015, agreeing to an award of compensation. Special Master Thomas L. Gowen adopted the stipulation as the decision of the Court. The award included an amount sufficient to purchase an annuity contract for future damages and a lump sum of $4,506.01 for past unreimbursable expenses, payable to petitioners Trish L. Burchill and Steven E. Burchill. This compensation represented all damages available under § 300aa-15(a). On September 18, 2015, the parties filed a stipulation for attorneys' fees and costs. Petitioners requested a total award of $15,255.87 for attorneys' fees and costs, to which the respondent did not object. Special Master Gowen granted this request, ordering the payment of attorneys' fees and costs in the amount of $15,255.87, payable by check jointly to petitioners and their attorney, Anne C. Toale of Maglio Christopher & Toale. The final decision date was October 22, 2015. The public decision does not describe the onset of symptoms, specific clinical details of the ADEM, diagnostic tests performed, treatments received, or the specific mechanism of causation.

Theory of causation field:
Petitioners alleged that M.R.B. developed acute disseminated encephalomyelitis (ADEM) as a result of receiving an MMR vaccine and/or a Hepatitis A vaccine on or about January 30, 2013, and experienced residual effects for more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Special Master Thomas L. Gowen. The stipulation awarded an amount for future damages via an annuity and $4,506.01 for past unreimbursable expenses. Attorneys' fees and costs of $15,255.87 were also awarded. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccines allegedly caused the ADEM. The outcome was a compensated award based on stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00176-0
Date issued/filed: 2015-04-15
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 03/18/2015) regarding 35 DECISION Stipulation/Proffer (Signed by Special Master Thomas Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00176-UNJ Document 39 Filed 04/15/15 Page 1 of 9
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 14-176V
Filed: March 18, 2015
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
TRISH L. BURCHILL and *
STEVEN E. BURCHILL *
On behalf of M.R.B., a minor, *
* Stipulation; MMR; Hepatitis A;
Petitioners, * ADEM
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne Toale, Esq., Maglio, Christopher and Toale, Sarasota, FL for petitioners.
Ryan Pyles, Esq. U.S. Dep’t. of Justice, Washington, DC for respondent.
DECISION ON JOINT STIPULATION1
Gowen, Special Master:
On March 4, 2014, Trish L. Burchill and Steven E. Burchill (“petitioners”) filed a
petition pursuant to the National Vaccine Injury Compensation Program on behalf of
M.R.B., a minor.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioners alleged that as a result
of receiving a measles-mumps-rubella [“MMR”] vaccine and/or a Hepatitis A vaccine on
or about January 30, 2013, M.R.B. developed acute disseminated encephalomyelitis
[“ADEM”]. Stipulation ¶ 1,2, 4, filed Mar. 17, 2015. Further, petitioners allege that M.R.B.
experienced residual effects of this injury for more than six months. Id. at ¶ 4.
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, 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).
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
(2006) (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 1:14-vv-00176-UNJ Document 39 Filed 04/15/15 Page 2 of 9
On Mar. 17, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the vaccines, either
singly or in combination, are the cause of M.R.B.’s ADEM and/or any other injury. Id. at
¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto. 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) An amount sufficient to purchase the annuity contract described in
paragraph 10 of the attached Stipulation, paid to the life insurance
company from which the annuity will be purchased [the “Life
Insurance Company”]; and
(b) A lump sum of $4,506.01 for past unreimbursable expenses in the
form of a check payable to petitioners, Trish L. Burchill and Steven
E. Burchill.
These amounts represents compensation for all damages that would be
available under § 300aa-15(a).
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with the
terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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.
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00176-1
Date issued/filed: 2015-10-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/23/2015) regarding 41 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00176-UNJ Document 44 Filed 10/22/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-176V
Filed: September 23, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
TRISH L. BURCHILL and STEVEN E. *
BURCHILL on behalf of M.R.B., a minor, *
* Special Master Gowen
Petitioners, *
* Joint Stipulation;
v. * Attorneys’ Fees and Costs;
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Anne C. Toale, Maglio Christopher & Toale, Sarasota, FL, for petitioner.
Ryan D. Pyles, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On March 4, 2014, Trish L. Burchill and Steven E. Burchill (“petitioners”) filed a petition
on behalf of their minor child, M.R.B., pursuant to the National Vaccine Injury Compensation
Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioners alleged that as a result of receiving a
Measles-Mumps-Rubella (“MMR”) vaccine and/or a Hepatitis A vaccine on or about January 30,
2013, their minor child developed acute disseminated encephalomyelitis. Amended Petition at ¶
2, 3. On March 17, 2015, the parties filed a stipulation in which they agreed to an award of
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, 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).
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 (2006) (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.
1

Case 1:14-vv-00176-UNJ Document 44 Filed 10/22/15 Page 2 of 2
compensation to petitioner. On March 18, 2015, the undersigned issued a Decision adopting the
parties’ stipulation for an award. See Decision on J. Stip., filed Mar. 18, 2015.
On September 18, 2015, the parties filed a stipulation concerning attorneys’ fees and costs.
Petitioners request a total award of attorneys’ fees and costs in the amount of $15,255.87. Stip. for
Fees and Costs ¶ 2. Respondent does not object. Id. at ¶ 3. In accordance with General Order #9,
petitioners represent that they did not incur any reimbursable costs in pursuit of this claim. Id. at ¶
4.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300
aa-15(e). Based on the reasonableness of the parties’ stipulation, the undersigned GRANTS the
request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioners and to petitioners’ attorney,
Anne C. Toale, of Maglio Christopher & Toale, in the amount of $15,255.87.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court SHALL ENTER JUDGMENT in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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.
2