David Robin Curtis v. HHS - MMR, exacerbation of severe dry eyes and mouth (2019)
Case summary [AI summaries can sometimes make mistakes]
David Robin Curtis filed a petition on May 5, 2017, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that on May 5, 2014, he received the measles, mumps, and rubella (MMR) vaccine and subsequently suffered an exacerbation of severe dry eyes and mouth.
Mr. Curtis further alleged that he experienced residual effects of this condition for more than six months.
The Secretary of Health and Human Services, the respondent, denied that Mr. Curtis sustained a vaccine injury, denied that the vaccine caused his alleged symptoms or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury.
Despite these denials, on July 24, 2019, the parties filed a joint stipulation agreeing to an award of compensation. Special Master Daniel T.
Horner reviewed the stipulation, found it reasonable, and adopted it as the decision of the court. Pursuant to the stipulation, David Robin Curtis was awarded a lump sum of $5,000.00, payable by check to the petitioner.
This amount represents all remaining compensation for damages available under § 15(a). The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or the mechanism of causation.
Petitioner was represented by Zachary James Hermsen of Whitfield & Eddy Law, and respondent was represented by Julia Marter Collison of the U.S. Department of Justice.
Theory of causation
Petitioner David Robin Curtis alleged that the MMR vaccine administered on May 5, 2014, caused an exacerbation of severe dry eyes and mouth, with residual effects lasting more than six months. The respondent denied causation. The parties reached a joint stipulation for compensation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the condition. The Special Master adopted the stipulation, leading to an award of $5,000.00. The decision was issued by Special Master Daniel T. Horner on August 19, 2019. Petitioner's counsel was Zachary James Hermsen, and respondent's counsel was Julia Marter Collison.
Source PDFs
USCOURTS-cofc-1_17-vv-00607