VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00596
Package ID: USCOURTS-cofc-1_16-vv-00596
Petitioner: J.M.
Filed: 2016-05-19
Decided: 2016-08-16
Vaccine: MMRV
Vaccination date: 2015-10-19
Condition: anaphylaxis
Outcome: compensated
Award amount USD: 255000

AI-assisted case summary:
Leah Mims and Donelle Mims, as parents and natural guardians of their minor son J.M., filed a petition for compensation on May 19, 2016, under the National Vaccine Injury Compensation Program. They sought compensation for the death of J.M., who received Measles-Mumps-Rubella, Varicella, and Influenza vaccinations on October 19, 2015. The petition alleged that within minutes of receiving these vaccinations, J.M. suffered from anaphylactic shock and shortly thereafter passed away. The petitioners asserted a "Table injury" claim, specifically anaphylaxis or anaphylactic shock within four hours of receiving any component of the measles, mumps, and rubella vaccine, as listed on the Vaccine Injury Table. Alternatively, they alleged that J.M. suffered an injury that was caused-in-fact by the MMRV and/or influenza vaccinations. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 29, 2016, conceding that the petitioners were entitled to compensation. The respondent concluded that J.M.'s anaphylaxis resulting in his death met the Table requirements for the presumptive injury of anaphylaxis and that compensation should be awarded, stating that the petitioners had satisfied all legal prerequisites for compensation under the Act. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on June 30, 2016, finding J.M. entitled to compensation. Subsequently, on August 16, 2016, Chief Special Master Dorsey issued a decision awarding damages. The respondent's Rule 4(c) report and proffer included a recommendation for an award of $255,000.00 to the estate of J.M. The respondent recommended this compensation be paid as a lump sum in the form of a check payable to the petitioners as legal representatives of the estate, contingent upon their providing documentation of their appointment as such. If they were not authorized, payment was to be made to the court-appointed legal representative. The petitioners agreed with the proffered award. Based on the record and the respondent's concession, the Chief Special Master awarded a lump sum payment of $255,000.00, payable to Leah Mims and Donelle Mims as legal representatives of the estate of J.M., provided they submitted the necessary documentation. If a different legal representative was appointed, the payment would be made to that party. This award represented compensation for all damages available under the Act. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments administered. The attorneys involved were Jeffrey S. Pop for the petitioner and Darryl R. Wishard for the respondent.

Theory of causation field:
Petitioners alleged that minor J.M. suffered anaphylaxis and died within minutes of receiving Measles-Mumps-Rubella, Varicella, and Influenza vaccinations on October 19, 2015. They asserted a Table injury claim for anaphylaxis or anaphylactic shock within four hours of receiving a component of the measles, mumps, and rubella vaccine, as listed in 42 C.F.R. § 100.3(a)(III)(A) (2015). In the alternative, they alleged a cause-in-fact injury from the MMRV and/or influenza vaccinations. The respondent conceded that J.M.'s anaphylaxis resulting in his death met the Table requirements for the presumptive injury of anaphylaxis. The public text does not detail specific medical experts, the mechanism of injury beyond anaphylaxis, or specific clinical findings. Chief Special Master Nora Beth Dorsey ruled on entitlement on June 30, 2016, and awarded damages on August 16, 2016. The award was a lump sum of $255,000.00, payable to the petitioners as legal representatives of J.M.'s estate, pending documentation of their appointment. Petitioners' counsel was Jeffrey S. Pop, and respondent's counsel was Darryl R. Wishard.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-00596-0
Date issued/filed: 2016-08-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/30/2016) regarding 14 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00596-UNJ Document 19 Filed 08/16/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-596V
Filed: June 30, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LEAH MIMS, as mother and natural *
guardian of minor, J.M., and *
DONELLE MIMS, as father and natural *
guardian of minor, J.M. *
* Ruling on Entitlement; Concession;
v. * Measles, Mumps, Rubella, Varicella
Petitioners, * (“MMRV”) Vaccination; Table Injury;
* Anaphylaxis; Anaphylactic Shock;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 19, 2016, Leah Mims and Donelle Mims (“petitioners”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.,2 (the “Vaccine Act” or “Program”). Petitioners “request
compensation for the death of their minor son J.M., who received Measles-Mumps-
Rubella, Varicella, and Influenza vaccinations on October 19, 2015.” Petition at 1
(citations omitted). Petitioners allege “[w]ithin minutes of administration of the above
stated vaccinations, J.M. suffered from an anaphylactic shock and shortly thereafter
passed away.” Id. Claiming J.M. suffered an injury listed on the Vaccine Injury Table
1 Because this unpublished ruling 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, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2012)). 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 1:16-vv-00596-UNJ Document 19 Filed 08/16/16 Page 2 of 2
within the time frame specified, petitioners assert a “Table injury” claim. Id. at 1, ¶ 17;
see 42 C.F.R. § 100.3(a)(III)(A) (2015) (listing the Table injury of anaphylaxis or
anaphylactic shock within four hours of receiving any component of the measles,
mumps, and rubella vaccine). In the alternative, petitioners allege J.M. suffered an
injury which was caused-in-fact by the measles, mumps, rubella, varicella (“MMRV”)
and/or influenza vaccinations he received. Petition at 1, ¶ 18. Petitioners further allege
neither they nor any other party has ever filed a lawsuit or received compensation for
the vaccine related death of their son. Id. at ¶¶ 19-20. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On June 29, 2016, respondent filed her Rule 4(c) report in which she concedes
that petitioners are entitled to compensation in this case. Respondent’s Rule 4(c)
Report3 at 1-2. Specifically, respondent “concludes that JM’s anaphylaxis resulting in
his death meets the Table requirements for the presumptive injury of anaphylaxis, and
that compensation should be awarded for his death occurring minutes after
vaccination.” Id. at 5. Respondent further indicates that “petitioners have satisfied all
legal prerequisites for compensation under the Act.” Id.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Respondent filed the Rule 4(c) Report in conjunction with a Proffer, titling the document “VACCINE
RULE 4(c) REPORT AND PROFFER ON DAMAGES.”
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-00596-1
Date issued/filed: 2016-08-16
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 06/30/2016) regarding 15 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00596-UNJ Document 20 Filed 08/16/16 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-596V
Filed: June 30, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LEAH MIMS, as mother and natural *
guardian of minor, J.M., and *
DONELLE MIMS, as father and natural *
guardian of minor, J.M. *
* Damages Based on Proffer;
v. * Measles, Mumps, Rubella, Varicella
Petitioners, * (“MMRV”) Vaccination; Table Injury;
* Anaphylaxis; Anaphylactic Shock;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 19, 2016, Leah Mims and Donelle Mims (“petitioners”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.,2 (the “Vaccine Act” or “Program”). Petitioners “request
compensation for the death of their minor son J.M., who received Measles-Mumps-
Rubella, Varicella, and Influenza vaccinations on October 19, 2015.” Petition at 1
(citations omitted). Petitioners allege “[w]ithin minutes of administration of the above
stated vaccinations, J.M. suffered from an anaphylactic shock and shortly thereafter
passed away.” Id. Claiming J.M. suffered an injury listed on the Vaccine Injury Table
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 1:16-vv-00596-UNJ Document 20 Filed 08/16/16 Page 2 of 3
within the time frame specified, petitioners assert a “Table injury” claim. Id. at 1, ¶ 17;
see 42 C.F.R. § 100.3(a)(III)(A) (2015) (listing the Table injury of anaphylaxis or
anaphylactic shock within four hours of receiving any component of the measles,
mumps, and rubella vaccine). In the alternative, petitioners allege J.M. suffered an
injury which was caused-in-fact by the measles, mumps, rubella, varicella (“MMRV”)
and/or influenza vaccinations he received. Petition at 1, ¶ 18. Petitioners further allege
neither they nor any other party has ever filed a lawsuit or received compensation for
the vaccine related death of their son. Id. at ¶¶ 19-20. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On June 29, 2016, respondent filed a joint Rule 4(c) report and proffer in which
she concedes that petitioners are entitled to compensation in this case. Respondent’s
Rule 4(c) Report and Proffer at 1-2 (ECF No. 13). On June 30, 2016, the undersigned
issued a ruling on entitlement, finding petitioners entitled to compensation. (ECF No.
14).
In her June 29, 2016 Rule 4(c) Report and Proffer, respondent included a proffer
on award of compensation, stating the estate of J.M. should be awarded $255,000.00.
Respondent’s Rule 4(c) Report and Proffer at 6. "Respondent recommends
compensation be awarded via a lump sum payment of $255,000.00, in the form of a
check payable to petitioners, as legal representatives of the estate of JM.” Id.
Respondent indicates she “will require petitioners to provide documentation establishing
their appointment as legal representatives of the estate of JM” (id.) before payment on
the subsequent judgment can be made (id. at 6 n.1). Respondent adds that “[i]f
petitioners are not authorized by a court of competent jurisdiction to serve as legal
representatives of the estate of JM, then such payment on any judgment shall be made
to the party or parties appointed by a court of competent jurisdiction to serve as legal
representative of the estate of JM.” Id. Respondent represents that petitioner agrees
with the proffered award. Id. at 6. Based on the record as a whole, the undersigned
finds that petitioner is entitled to an award as stated in the Respondent’s Rule 4(c)
Report and Proffer.
Pursuant to the terms stated in the Respondent’s Rule 4(c) Report and Proffer,3
the undersigned awards petitioner a lump sum payment of $255,000.00 in the
form of a check payable to petitioners, Leah Mims and Donelle Mims, as legal
representatives of the estate of JM, provided they have produced documentation
establishing their appointment as legal representatives of the estate of JM. If
another party or parties are appointed as legal representative(s) of the estate of
JM by a court of competent jurisdiction, the check shall be made payable to the
party or parties so appointed as legal representatives of the estate of JM. This
amount represents compensation for all damages that would be available under §
300aa-15(a).
3 Because Respondent’s Rule 4(c) Report and Proffer contains detailed medical information, it will not be
attached to this decision.
2

Case 1:16-vv-00596-UNJ Document 20 Filed 08/16/16 Page 3 of 3
The clerk of the court is directed to enter judgment in accordance with this
decision.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
4 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.
3