VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00994 Package ID: USCOURTS-cofc-1_18-vv-00994 Petitioner: M.M. Filed: 2018-07-11 Decided: 2022-10-28 Vaccine: MMR Vaccination date: 2016-02-10 Condition: febrile seizures Outcome: compensated Award amount USD: 20000 AI-assisted case summary: Vanessa Muniz, as parent and natural guardian of M.M., a minor, filed a claim on July 11, 2018, alleging that M.M. suffered febrile seizures as a result of receiving the measles-mumps-rubella (MMR), hepatitis B, haemophilus influenza b (Hib), pneumococcal conjugate, and varicella vaccines on February 10, 2016. The respondent denied that the vaccines caused M.M.'s febrile seizures or any injury. The parties, maintaining their respective positions, reached a stipulation to settle the issues. The stipulation provided that the respondent would pay an amount not to exceed $20,000.00 to purchase an annuity contract, representing all damages available under the law. Special Master Thomas L. Gowen adopted the stipulation and awarded compensation accordingly. Bridget C. McCullough represented the petitioner, and Madelyn Weeks represented the respondent. The public decision does not describe the onset of symptoms, specific clinical details, or expert testimony. Theory of causation field: Petitioner alleged that M.M. suffered febrile seizures as a result of receiving the MMR, hepatitis B, Hib, pneumococcal conjugate, and varicella vaccines on February 10, 2016. Respondent denied causation. The parties stipulated to a settlement, with respondent agreeing to pay an amount not to exceed $20,000.00 to purchase an annuity contract as compensation for all damages available under 42 U.S.C. § 300aa-15(a). Special Master Thomas L. Gowen adopted the stipulation on October 28, 2022. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00994-0 Date issued/filed: 2022-11-18 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 10/28/2022) regarding 56 DECISION on Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00994-UNJ Document 60 Filed 11/18/22 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: October 28, 2022 * * * * * * * * * * * * * VANESSA MUNIZ, * As Parent and Natural Guardian * Unpublished Of M.M., a Minor, * * Petitioner, * No. 18-994V * v. * Special Master Gowen * SECRETARY OF HEALTH * Decision on Stipulation; Measles- AND HUMAN SERVICES, * Mumps-rubella (“MMR”); Febrile * Seizures. Respondent. * * * * * * * * * * * * * * Bridget C. McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner. Madelyn Weeks, Dept. of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On July 11, 2018, Vanessa Muniz, as parent and natural guardian of M.M., a minor (“petitioner”). filed a claim in the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleged that as a result of M.M. receiving the measles-mumps-rubella (“MMR”), hepatitis B and haemophilus influenza b (“Hib”), pneumococcal conjugate, and varicella vaccines on February 10, 2016, M.M. suffered febrile seizures. Id. at Preamble. On October 28, 2022, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 55). Respondent denies that the MMR, Hib, pneumococcal conjugate and the varicella vaccines caused M.M.’s febrile 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:18-vv-00994-UNJ Document 60 Filed 11/18/22 Page 2 of 9 seizures, or any injury. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree that the issues between them shall be settled and that a decision should be entered awarding compensation to the petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation provides that respondent agrees to pay the following 1) An amount not to exceed $20,000.00 to purchase the annuity contract described in paragraph 10 of the stipulation. These amounts represent compensation for all damages that would be available under 42 U.S.C. § 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 SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:18-vv-00994-UNJ Document 60 Filed 11/18/22 Page 3 of 9 Case 1:18-vv-00994-UNJ Document 60 Filed 11/18/22 Page 4 of 9 Case 1:18-vv-00994-UNJ Document 60 Filed 11/18/22 Page 5 of 9 Case 1:18-vv-00994-UNJ Document 60 Filed 11/18/22 Page 6 of 9 Case 1:18-vv-00994-UNJ Document 60 Filed 11/18/22 Page 7 of 9 Case 1:18-vv-00994-UNJ Document 60 Filed 11/18/22 Page 8 of 9 Case 1:18-vv-00994-UNJ Document 60 Filed 11/18/22 Page 9 of 9