VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01324
Package ID: USCOURTS-cofc-1_18-vv-01324
Petitioner: B.M.
Filed: 2019-08-29
Decided: 2024-11-01
Vaccine: MMR
Vaccination date: 2017-10-30
Condition: periodic fever, aphthous stomatitis, pharyngitis, adenitis (“PFAPA”) with secondary seizures
Outcome: compensated
Award amount USD: 161696

AI-assisted case summary:
Brianne and William Morgan, parents of minor child B.M., filed a petition for vaccine compensation on August 29, 2019, alleging that B.M. suffered from periodic fever, aphthous stomatitis, pharyngitis, adenitis (PFAPA) with secondary seizures as a result of receiving the measles, mumps, and rubella (MMR), Haemophilus influenzae type B (Hib), and varicella vaccines on October 30, 2017. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused B.M.'s alleged injuries. However, the parties reached a stipulation to settle the case. The stipulation provided for a lump sum of $15,000.00 for past unreimbursable expenses, payable to the petitioners. Additionally, an amount sufficient to purchase an annuity contract for B.M.'s future damages was to be paid to a life insurance company. This annuity contract includes a $50,000 lump sum payment at age 24 (October 26, 2040), monthly payments of $2,500.00 for five years starting at age 25 (October 26, 2041), and another lump sum payment of $96,696.69 at age 30 (October 26, 2046). The total compensation awarded, including the lump sum for past expenses and the purchase price of the annuity, amounts to $161,696. The decision was issued by Special Master Thomas L. Gowen on November 1, 2024. The case was treated as a Table claim, as the vaccines are listed on the Vaccine Injury Table. The parties agreed to settle the case, and the court entered a judgment in accordance with the stipulation. Petitioners were represented by Andrew D. Downing of Downing, Allison & Jorgenson, and respondent was represented by Mary E. Holmes of the U.S. Department of Justice.

Theory of causation field:
Petitioners alleged that B.M. suffered from periodic fever, aphthous stomatitis, pharyngitis, adenitis (PFAPA) with secondary seizures, and residual effects for more than six months, allegedly caused or significantly aggravated by the MMR, Hib, and Varicella vaccines administered on October 30, 2017. Respondent denied that the vaccines caused B.M.'s alleged injuries. The case was treated as a Table claim. The parties reached a stipulation to settle the case, resulting in an award of $15,000.00 for past unreimbursable expenses and an annuity contract for future damages, with a total award of $161,696. Special Master Thomas L. Gowen issued the decision on November 1, 2024. Petitioners' counsel was Andrew D. Downing, and respondent's counsel was Mary E. Holmes.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01324-0
Date issued/filed: 2024-11-01
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 10/15/2024) regarding 76 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
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Case 1:18-vv-01324-UNJ Document 82 Filed 11/01/24 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: October 15, 2024
* * * * * * * * * * * * *
BRIANNE MORGAN and *
WILLIAM MORGAN, *
On Behalf of Their Minor Child, B.M., *
*
Petitioners, * No. 18-1324V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Andrew D. Downing, Downing, Allison & Jorgenson, Phoenix, AZ, for petitioner.
Mary E. Holmes, U.S. Department of Justice, Washington, D.C., for respondent.
DECISION ON STIPULATION1
On August 29, 2019, Brianne Morgan and William Morgan, on behalf of their minor
child, B.M. (“petitioners”), filed a petition for compensation under the National Vaccine Injury
Program.2 Petition (ECF No. 1). Petitioners allege that as a result of B.M. receiving the measles,
mumps, and rubella (“MMR”), haemophilus influenzae type B (Hib), and varicella vaccines on
October 30, 2017, B.M. suffered from periodic fever, aphthous stomatitis, pharyngitis, adenitis
(“PFAPA”) with secondary seizures. Id.
On October 15, 2024, respondent filed a stipulation providing that a decision should be
entered awarding compensation to petitioners. Stipulation (ECF No. 75). Respondent denies
that the MMR, Hib, or varicella vaccines caused B.M.’s injuries, including PFAPA and/or
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a
reasoned explanation for the action in this case, I am required to post it to a publicly available website. This decision
will appear at https://www.govinfo.gov/app/collection/uscourts/national/cofc or on the Court of Federal Claims
website. This means the decision will be available to anyone with access to the Internet. Before the decision 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 decision
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-01324-UNJ Document 82 Filed 11/01/24 Page 2 of 9
seizure disorder or any residual effects. Id. at ¶ 6. Nevertheless, the parties now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7.
The stipulation provides:
1) A lump sum of $15,000.00, which amount represents compensation for past
unreimburseable expenses, in the form of a check payable to petitioners;
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.
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).
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Case 1:18-vv-01324-UNJ Document 82 Filed 11/01/24 Page 3 of 9
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BRIANNE MORGAN and
WILLIAM MORGAN, on behalf of
their minor child, B.M., No.18-1324V
Special MasterGowen
Petitioners, ECF
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Brianne and William Morgan (“petitioners”) filed a petition for vaccine compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 to 34 (the
“Vaccine Program”)on behalf of their minor child, B.M. The petition seeks compensation for
injuries allegedly related to B.M’s receipt of the vaccines: Measles, Mumps, and Rubella
(MMR); Haemophilus influenzae type B (Hib); and Varicella, which vaccines are contained in
the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a).
2. B.M. received the MMR, Hib, and Varicella vaccines onOctober 30, 2017.
3. The vaccines wereadministered within the United States.
4. Petitioners allegethat B.M. suffered periodic fever, aphthous stomatitis, pharyngitis,
adenitis (“PFAPA”) with secondary seizures that were caused-in-fact, or significantly
aggravated, byher October 30, 2017 vaccinations. Petitioners further allegethat B.M. suffered
the residual effects of the alleged injuryfor more than six months.

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5. Petitioners represent that there has been no prior award or settlement of acivil action
for damages on B.M.’s behalf as a result of the alleged injury.
6. Respondent denies that B.M.’s alleged PFAPA and/or seizure disorder, orany
residual effects were either caused-in-fact, or significantly aggravated by the MMR, Hib, or
Varicella vaccines; and denies that the MMR, Hib, or Varicella vaccines caused B.M. any other
injury or B.M.’s current condition.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. §300aa-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of $15,000.00, which amount represents compensation for past
unreimbursable expenses, in the form of a check payable to petitioners;
b. An amount sufficient to purchase the annuity contract described in paragraph 10
below, 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).
9. The Life Insurance Company must have a minimum of $250,000,000 capital and
surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company
must have one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
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c. Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating:
AA-, AA, AA+, or AAA.
10. The Secretary of Health and Human Services agrees to purchase an annuity contract
from the Life Insurance Company for the benefit of B.M., pursuant to which the Life Insurance
Company will agree to make annuity payments to B.M. for all other damages that would be
available under 42 U.S.C. §300aa-15(a), as follows:
a. A certain lump sum payment of $50,000.00 on October 26, 2040, at age 24.
b. Beginning October 26, 2041,at age 25, $2,500.00 per month for 5years certain.
c. A certain lump sum payment of $96,696.69 on October 26, 2046, at age 30.
The purchase price of the annuity described in this paragraph shall be sufficient to provide for
the payments described in this paragraph. Should B.M. predecease payment of any of the certain
annuity payments set forth above, said payments shall be made to his estate. However, written
notice to the Secretary of Health and Human Services and the Life Insurance Company shall be
provided within twenty (20) days of B.M.’s death.
11. The annuity contract will be owned solely and exclusively by the Secretary of Health
and Human Services and will be purchased as soon as practicable following the entry of a
judgment in conformity with this Stipulation. The parties stipulate and agree that the Secretary
ofHealth and Human Services and the United States of America are not responsible for the
payment of any sums other than the amounts set forth in paragraph 8 herein and the amounts
awarded pursuant to paragraph 13herein, and that they do not guarantee or insure any of the
future annuity payments. Upon the purchase of the annuity contract, the Secretary of Health and
Human Services and the United States of America are released from any and all obligations with
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Case 1:18-vv-01324-UNJ Document 82 Filed 11/01/24 Page 6 of 9
respect to future annuity payments.
12. The parties stipulate and agree that the annuity payments cannot be assigned,
accelerated, deferred, increased, or decreased by the parties and that no part of any annuity
payments called for herein, nor any assets of the United States or the annuity company, are
subject to execution or any legal process for any obligation in any manner. Petitioners and
petitioners’heirs, executors, administrators, successors, and assigns do hereby agree that they
have no power or right to sell, assign, mortgage, encumber, or anticipate said annuity payments,
or any part thereof, by assignment or otherwise, and further agree that they will not sell, assign,
mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or
otherwise.
13. As soon as practicable after the entry of judgment on entitlement in this case, and
after petitioners havefiled both a proper and timely election to receive compensation pursuant to
42 U.S.C. §300aa-21(a)(1), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys’ fees and costs incurred in proceeding
upon this petition.
14. Petitioners and petitioners’attorney represent that they have identified to respondent
all known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social Security Act
(42U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis.
15. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 13of this Stipulation will be made in accordance with 42 U.S.C. §300aa-15(i),
subject to the availability of sufficient statutory funds.
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Case 1:18-vv-01324-UNJ Document 82 Filed 11/01/24 Page 7 of 9
16. The parties and their attorneys further agree and stipulate that, except for any award
for attorney’s fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. §300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§300aa-15(g) and (h).
17. In return for the payments described in paragraphs 8and 13, petitioners, in
petitioners’individual capacities,and on behalf of theirheirs, executors, administrators,
successors,or assigns, does forever irrevocably and unconditionally release, acquit,and
discharge the United States and the Secretary of Health and Human Services from any and all
actions or causes of action (including agreements, judgments, claims, damages, loss of services,
expenses,and all demands of whatever kind or nature) that have been brought, could have been
brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine
Injury Compensation Program, 42 U.S.C. §300aa-10 et seq., on account of, or in any way
growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or
death of B.M. resulting from, or alleged to have resulted from, the MMR, Hib, and/or Varicella
vaccines administered on October 30, 2017, as alleged in a petition for vaccine compensation
filed onor about August 29, 2018, in the United States Court of Federal Claims as petition No.
18-1324V.
18. If B.M. should die prior to entry of judgment, this agreement shall be voidable upon
proper notice to the Court on behalf of either or both of the parties.
19. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
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Case 1:18-vv-01324-UNJ Document 82 Filed 11/01/24 Page 8 of 9
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
20. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 13above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
21.Petitioners hereby authorize respondent to disclose documents filed by petitioners in
this case consistent with the Privacy Act and the routine uses described in the National Vaccine
Injury Compensation Program System of Records, No. 09-15-0056.
22. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the MMR, Hib, and/or Varicella vaccines caused or
significantly aggravated B.M.’s alleged injuryor any other injury orB.M.’s current condition.
23. All rights and obligations of petitioners hereunder shall apply equally to petitioners’
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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