H.M. v. HHS - MMR, ocular sixth nerve palsy (2020)

On August 14, 2018, Christina Mecklenburg, on behalf of her minor child H.M., filed a petition in the National Vaccine Injury Compensation Program. The petition alleged that H.M. developed ocular sixth nerve palsy with residual effects lasting more than six months as a result of receiving the measles, mumps, and rubella (MMR) vaccine on February 7, 2018.

The respondent, the Secretary of Health and Human Services, denied that the MMR vaccine caused H.M.'s condition. Despite maintaining their respective positions, the parties agreed to settle the issues.

On March 16, 2020, they submitted a stipulation for award, which Special Master Thomas L. Gowen adopted as the decision of the Court.

The stipulation awarded H.M. compensation consisting of a lump sum of $8,637.11, payable to Christina Mecklenburg, for past unreimbursable expenses. Additionally, an amount sufficient to purchase an annuity contract for future damages was to be paid to a life insurance company.

This award represents compensation for all damages available under the Vaccine Act. Judgment was entered in accordance with the terms of the stipulation.

Petitioner was represented by Andrew D. Downing of Van Cott & Talamante, PLLC, and respondent was represented by Julia M.

Collison of the U.S. Department of Justice.