VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01203
Package ID: USCOURTS-cofc-1_18-vv-01203
Petitioner: H.M.
Filed: 2018-08-14
Decided: 2020-03-16
Vaccine: MMR
Vaccination date: 2018-02-07
Condition: ocular sixth nerve palsy
Outcome: compensated
Award amount USD: 8637

AI-assisted case summary:
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.

Theory of causation field:
Petitioner 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. Respondent denied causation. The parties reached a stipulation for award, settling the case without a determination of causation. The award included $8,637.11 for past unreimbursable expenses and an amount for a future damages annuity. Special Master Thomas L. Gowen issued the decision on March 16, 2020, adopting the stipulation. Petitioner's counsel was Andrew D. Downing, and respondent's counsel was Julia M. Collison.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01203-0
Date issued/filed: 2020-04-30
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 3/16/2020) regarding 41 DECISION Stipulation/Proffer Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
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Case 1:18-vv-01203-UNJ Document 47 Filed 04/30/20 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: March 16, 2020
* * * * * * * * * * * * *
CHRISTINA MECKLENBURG, * UNPUBLISHED
on behalf of her minor child, H.M., *
Petitioner, * No. 18-1203VV
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Measles, mumps and Rubella
AND HUMAN SERVICES, * (“MMR”); Ocular Sixth Nerve Palsy;
* Stipulation for Award
Respondent. *
* * * * * * * * * * * * *
Andrew D. Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Julia M. Collison, U.S. Dept. of Justice, Washington, D.C., for respondent
DECISION ON STIPULATION1
On August 14, 2018, Christina Mecklenburg (“petitioner”), on behalf of her minor child,
H.M., filed a petition for compensation within the National Vaccine Injury Compensation
Program.2 Petition (ECF No. 1). Petitioner alleged that as a result of H.M. receiving the
measles, mumps and rubella (“MMR”) vaccine on February 7, 2018, H.M. developed ocular
sixth nerve palsy with residual effects that persisted for more than six months. Id.
On March 16, 2020, respondent filed a stipulation providing that a decision should be
entered awarding compensation for petitioner. Stipulation (ECF No. 40). Respondent denies
that the MMR vaccine caused H.M. to suffer ocular sixth nerve palsy or any other injury or her
current condition. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless now
agree that the issues between them shall be settled and that a decision should be entered
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 intend 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. 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 opinion. 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-01203-UNJ Document 47 Filed 04/30/20 Page 2 of 8
awarding compensation according to the terms of the stipulation attached hereto as Appendix A.
Id. at ¶ 7.
The stipulations awards:
1) A lump sum of $8,637.11, which amount represents compensation for past
unreimbursable expenses, in the form of a check payable to petitioner, Christina
Mecklenburg; and
2) An amount sufficient to purchase the annuity contract described in paragraph
10 of the stipulation, paid to the life insurance company from which the annuity
will be purchased (the “Life Insurance Company”).
These amounts represent compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a). I adopt the stipulation as the decision of the Court and hereby award
compensation in the amount and on the terms set forth therein. Accordingly, 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

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