VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00386
Package ID: USCOURTS-cofc-1_14-vv-00386
Petitioner: Markelle D. Vickers
Filed: 2014-05-06
Decided: 2016-09-20
Vaccine: DTaP and Hepatitis A
Vaccination date: 2011-05-06
Condition: necrotizing myopathy and related sequelae
Outcome: compensated
Award amount USD: 776749

AI-assisted case summary:
Markelle Vickers, through his estate administrator Azell Vickers, filed a petition for compensation under the National Vaccine Injury Compensation Program on May 6, 2014. The petition alleged that Mr. Vickers developed necrotizing myopathy and related sequelae, ultimately leading to his death, after receiving a diphtheria-tetanus-acellular pertussis (DTaP) and/or Hepatitis A (Hep. A) vaccine on or about May 6, 2011. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused Mr. Vickers' injury or death. Despite the denial, the parties reached a settlement. The settlement terms stipulated that the respondent would issue payments totaling $776,748.68. This amount included a lump sum of $626,748.68 to reimburse a State of California Medicaid lien, payable jointly to Azell Vickers and the Department of Health Care Services. Additionally, a lump sum of $150,000.00 was to be paid to Azell Vickers as the legal representative of the Estate of Markelle D. Vickers. These payments were intended to compensate for all damages available under the program. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation accordingly. The decision was issued on September 20, 2016. Petitioner's counsel was Ramon Rodriguez, III, Esq., and respondent's counsel was Ryan Pyles, Esq.

Theory of causation field:
Petitioner alleged that Markelle D. Vickers developed necrotizing myopathy and related sequelae, leading to his death, after receiving a DTaP and/or Hepatitis A vaccine on or about May 6, 2011. Respondent denied causation. The parties reached a joint stipulation for settlement, and the Special Master adopted this stipulation. The public decision does not describe the specific theory of causation, medical experts, onset of symptoms, diagnostic tests, treatments, or the mechanism of injury. The settlement award totaled $776,748.68, comprising $626,748.68 for a State of California Medicaid lien and $150,000.00 to the estate. Special Master Mindy Michaels Roth issued the decision on September 20, 2016. Petitioner was represented by Ramon Rodriguez, III, Esq., and respondent by Ryan Pyles, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00386-0
Date issued/filed: 2016-09-20
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 5/6/2016) regarding 42 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Copy to parties.
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Case 1:14-vv-00386-UNJ Document 46 Filed 09/20/16 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-386V
Filed: May 6, 2016
* * * * * * * * * * * * * * * * * * * * *
AZELL VICKERS as administrator *
and legal representative of the Estate *
of Markelle D. Vickers, deceased, * Joint Stipulation on Damages;
* Diptheria-tetanus-acellular pertussis
Petitioner, * (“DTaP”) vaccine; Hepatitis A
v. * (“Hep. A”) vaccine; Necrotizing
* Myopathy; Death
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Ramon Rodriguez, III, Esq., Rawls, McNelis and Mitchell, P.C., Richmond, VA, for petitioner.
Ryan Pyles, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
Markelle Vickers [“Mr. Vickers”] filed a petition for compensation under the National
Vaccine Injury Compensation Program2 on May 6, 2014. After his death, Azell Vickers [“Ms.
Vickers” or “petitioner”] was substituted as petitioner. Petitioner alleges that Mr. Vickers
developed necrotizing myopathy and related sequelae and ultimately died after receiving a
diphtheria-tetanus-acellular pertussis (“DTaP”) and/or a Hepatitis A (“Hep. A”) vaccine on or
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 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)). In
accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other
information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule
requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the
identified material fits within the requirements of that provision, I will delete such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of
citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).
1

Case 1:14-vv-00386-UNJ Document 46 Filed 09/20/16 Page 2 of 8
about May 6, 2011. See Stipulation, filed May 4, 2016, at ¶¶ 1-4. Respondent denies that the
DTaP and Hep. A immunizations, singly or in combination, caused petitioner’s injury or death.
Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On May 5, 2016, the parties filed
a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payments:
(1) A lump sum of $626,748.68, which amount represents reimbursement of a State
of California Medicaid lien, in the form of a check payable jointly to petitioner,
Azell Vickers, and
Department of Health Care Services
Recovery Branch—MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
which petitioner agrees to endorse to the Department of Health Care Services; and
(2) A lump sum of $150,000.00, in the form of a check payable to petitioner, Azell
Vickers, as legal representative of the Estate of Markelle D. Vickers.
These amounts represent compensation for all damages that would be available under §
300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The clerk of the court is directed to enter judgment in
accordance with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the
right to seek review.
2

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