VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00007 Package ID: USCOURTS-cofc-1_15-vv-00007 Petitioner: Deborah Valles Filed: 2017-02-02 Decided: 2017-09-19 Vaccine: MMR Vaccination date: 2012-08-08 Condition: arthralgia, myalgia, myositis, muscle weakness, bilateral bursitis in both knees, numbness, tingling and pain Outcome: compensated Award amount USD: 20000 AI-assisted case summary: Deborah Valles filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered arthralgia, myalgia, myositis, muscle weakness, bilateral bursitis in both knees, numbness, tingling, and pain as a result of her measles, mumps, and rubella (MMR) vaccination on August 8, 2012. She stated that she received the vaccination in the United States and that her injuries lasted for more than six months. Ms. Valles also represented that she had not received any previous award or settlement for her injury. The respondent, the Secretary of Health and Human Services, denied that the MMR vaccine caused her alleged conditions. Despite the denial, the parties filed a joint stipulation agreeing that Ms. Valles should receive compensation. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Ms. Valles was awarded a lump sum of $20,000.00, representing compensation for all items of damages available under the Vaccine Act. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00007-0 Date issued/filed: 2017-09-19 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/02/2017) regarding 48 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00007-UNJ Document 57 Filed 09/19/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-7V Filed: February 2, 2017 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * DEBORAH VALLES, * * Petitioner, * Joint Stipulation on Damages; v. * Measles, Mumps, Rubella Vaccination * (“MMR”); Arthralgia; Myalgia; Myositis; SECRETARY OF HEALTH * Muscle Weakness; Bilateral Bursitis; AND HUMAN SERVICES, * Numbness; Tingling; Pain; * Special Processing Unit (“SPU”) Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mark Theodore Sadaka, Mark T. Sadaka, LLC, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On January 5, 2015, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that she suffered arthralgia, myalgia, myositis, muscle weakness, bilateral bursitis in both knees, numbness, tingling and pain as a result of her August 8, 2012 measles, mumps, and rubella (“MMR”) vaccination. Petition at 1; Stipulation, filed January 31, 2017, at ¶¶ 2, 4. Petitioner further alleges that she received her vaccination in the United States, and that she suffered the sequela of her injury for more than six months. Petition at ¶¶ 2, 5; Stipulation at ¶ 3. Petitioner additionally represents that there has been no previous award received, or settlement of a civil action for damages on her behalf as a result of her injury. Stipulation at ¶ 5. “Respondent denies that the MMR vaccine caused petitioner to suffer from her alleged arthralgia, myalgia, myositis, muscle weakness, bilateral bursitis in both knees, and 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact 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). Case 1:15-vv-00007-UNJ Document 57 Filed 09/19/17 Page 2 of 7 numbness, tingling, and pain or any other injury or her current condition.” Stipulation at ¶ 6. Nevertheless, on January 31, 2017, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. 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 of $20,000.00 in the form of a check payable to petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under 42 U.S.C. § 300aa-15(a). Id. The undersigned approves the requested amount 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 in accordance with this decision.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 can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:15-vv-00007-UNJ Document 57 Filed 09/19/17 Page 3 of 7 Case 1:15-vv-00007-UNJ Document 57 Filed 09/19/17 Page 4 of 7 Case 1:15-vv-00007-UNJ Document 57 Filed 09/19/17 Page 5 of 7 Case 1:15-vv-00007-UNJ Document 57 Filed 09/19/17 Page 6 of 7 Case 1:15-vv-00007-UNJ Document 57 Filed 09/19/17 Page 7 of 7