VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00272
Package ID: USCOURTS-cofc-1_14-vv-00272
Petitioner: F.M.K.
Filed: 2016-04-13
Decided: 2016-05-04
Vaccine: MMR
Vaccination date: 2012-09-28
Condition: seizures, decrease in function, and regression in her GMI gangliosidosis
Outcome: compensated
Award amount USD: 56099

AI-assisted case summary:
Paxton King, as special administrator of the estate of F.M.K., filed a petition for compensation on April 13, 2016. The petition alleged that F.M.K. suffered injuries, including seizures, a decrease in function, and regression in her GMI gangliosidosis, following receipt of the measles-mumps-rubella (MMR), varicella, diphtheria-tetanus-acellular pertussis (DTaP), and influenza vaccines on September 28, 2012. It was further alleged that F.M.K. experienced residual effects of these injuries for more than six months. F.M.K. passed away on December 23, 2015. The respondent denied that the vaccinations caused F.M.K.'s alleged injuries or death. Despite the respondent's denial, the parties reached a joint stipulation for compensation. Special Master Christian J. Moran reviewed and adopted the stipulation. The award included a lump sum of $25,000.00 for general damages, a lump sum of $87.01 for costs incurred in the petition, and a lump sum of $31,012.23 for attorneys' fees and costs. The total award amounted to $56,099.23. Petitioner counsel was Mark L. Krueger of Krueger & Hernandez, S.C., and respondent counsel was Justine E. Walters of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation.

Theory of causation field:
Petitioner alleged that F.M.K. received the MMR, varicella, DTaP, and influenza vaccines on September 28, 2012, and subsequently suffered seizures, a decrease in function, and regression in her GMI gangliosidosis, with residual effects lasting more than six months, leading to her death on December 23, 2015. The respondent denied that the vaccines caused F.M.K.'s injuries or death. The parties entered into a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in a total award of $56,099.23, comprising $25,000.00 for general damages, $87.01 for costs, and $31,012.23 for attorneys' fees and costs. The theory of causation was based on the Vaccine Injury Table, as indicated by the stipulation, though specific medical experts, detailed clinical progression, or a precise mechanism of injury were not described in the public decision. Petitioner counsel was Mark L. Krueger, and respondent counsel was Justine E. Walters.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00272-0
Date issued/filed: 2016-05-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 4/13/16) regarding 60 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (dh) Copy to parties. (Main Document 64 replaced on 5/5/2016 to correct pdf to incorporate appendix.) (dls).
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Case 1:14-vv-00272-UNJ Document 64 Filed 05/04/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
PAXTON KING, as Special * No. 14-272V
Administrator of the Estate of F.M.K., * Special Master Christian J. Moran
Petitioner, *
* Filed: April 13, 2016
v. *
* Stipulation; measles-mumps-rubella
* (“MMR”) vaccine; varicella vaccine;
SECRETARY OF HEALTH * diphtheria-tetanus-acellular pertussis
AND HUMAN SERVICES, * (“DTaP”) vaccine; influenza (“flu”)
* vaccine; seizures; attorneys’ fees and
Respondent. * costs.
* * * * * * * * * * * * * * * * * * * * *
Mark L. Krueger, Krueger & Hernandez, S.C., Baraboo, WI, for Petitioner;
Justine E. Walters, U.S. Department of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On April 12, 2016, the respondent filed a joint stipulation concerning the
petition for compensation filed by Paxton King as special administrator of the
estate of F.M.K. In the petition, Mr. King sought compensation for injuries
allegedly related to F.M.K.’s receipt of the measles, mumps, rubella; varicella;
diphtheria, tetanus, and acellular pertussis; and influenza vaccines which are
contained in the Vaccine Injury Table, 42 C.F.R. §100.3(a), and which F.M.K.
received on September 28, 2012, causing her to suffer seizures, decrease in
function, and regression in her GMI gangliosidosis. Mr. King further alleges that
F.M.K. experienced residual effects of these injuries for more than six months.
F.M.K. passed away on December 23, 2015. Mr. King represents that there has
been no prior award or settlement of a civil action for damages on behalf of F.M.K.
as a result of her condition or her death.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 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.

Case 1:14-vv-00272-UNJ Document 64 Filed 05/04/16 Page 2 of 7
Respondent denies that F.M.K.’s injuries were caused-in-fact by the
vaccinations she received, and denies that the vaccines caused any other injury or
her death.
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 and attorneys’ fees and costs, on the
terms set forth therein.
Compensation awarded in that stipulation includes:
a. A lump sum of $25,000.00, in the form of a check payable to
petitioner, Paxton King as legal representative of the Estate of
F.M.K. This amount represents compensation for all damages that
would be available under 42 U.S.C. §300aa-15(a);
b. A lump sum of $87.01, in the form of a check payable to petitioner,
Paxton King as legal representative of the Estate of F.M.K., for costs
incurred in proceeding on this petition under 42 §300aa-15(e); and
c. A lump sum of $31,012.23, in the form of a check payable jointly to
petitioner and petitioner’s attorney, Mark L. Krueger, of Krueger &
Hernandez, S.C., for attorneys’ fees and costs available under 42
U.S.C. §300aa-15(e).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 15-144V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Shannon Proctor, 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.

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