VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01885
Package ID: USCOURTS-cofc-1_19-vv-01885
Petitioner: R.J.
Filed: 2019-12-12
Decided: 2021-10-29
Vaccine: influenza
Vaccination date: 2018-02-16
Condition: encephalitis and acute disseminated encephalomyelitis (ADEM)
Outcome: compensated
Award amount USD: 62808

AI-assisted case summary:
On December 12, 2019, Issam Jubil, as the parent and natural guardian of R.J., a minor, filed a petition for compensation under the National Vaccine Injury Program. The petition alleged that the influenza and hepatitis A vaccines R.J. received on February 16, 2018, caused him to suffer from encephalitis and acute disseminated encephalomyelitis (ADEM). The respondent, the Secretary of Health and Human Services, denied that the vaccines caused R.J.'s alleged injuries. However, the parties reached a stipulation for settlement. Under the stipulation, the respondent agreed to award compensation to the petitioner. The award includes a lump sum of $60,000.00 payable to the petitioner for the benefit of R.J., and a lump sum payment of $2,807.68 to satisfy a Medicaid lien from the Commonwealth of Massachusetts, payable jointly to the petitioner and the Commonwealth of Massachusetts Casualty Recovery Unit. This total award of $62,808 represents compensation for all damages available under the Vaccine Act. Special Master Thomas L. Gowen adopted the parties' stipulation and ordered judgment to be entered accordingly on October 29, 2021. Petitioner's counsel was Bridget C. McCullough of Muller Brazil, LLP, and respondent's counsel was Dhairya D. Jani of the U.S. Department of Justice.

Theory of causation field:
Petitioner alleged that the influenza and hepatitis A vaccines administered on February 16, 2018, caused R.J. to suffer from encephalitis and acute disseminated encephalomyelitis (ADEM). The respondent denied that the vaccines caused R.J.'s alleged injuries. The parties reached a stipulation for settlement, agreeing to an award of $62,808, comprising a $60,000 lump sum for R.J. and $2,807.68 to satisfy a Medicaid lien. Special Master Thomas L. Gowen adopted the stipulation on October 29, 2021. The public decision does not describe the specific medical experts, clinical details of the injury onset or progression, diagnostic tests, treatments, or the mechanism of causation. The theory of causation is not detailed in the public decision beyond the petitioner's allegation and the respondent's denial, with the case resolved via stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01885-0
Date issued/filed: 2021-10-29
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 10/6/2021) regarding 39 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
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Case 1:19-vv-01885-UNJ Document 43 Filed 10/29/21 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: October 6, 2021
* * * * * * * * * * * * *
ISSAM JUBIL parent and natural, * UNPUBLISHED
guardian of R.J., a minor, *
*
Petitioner, * No. 19-1885V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Decision on Stipulation;
AND HUMAN SERVICES, * Influenza; Hepatitis A;
* Acute disseminated
Respondent. * encephalomyelitis (ADEM).
* * * * * * * * * * * * *
Bridget C. McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner.
Dhairya D. Jani, U.S. Dept. of Justice, Washington, D.C., for respondent.
DECISION ON STIPULATION1
On December 12, 2019, Issam Jubil, as parent and natural guardian of R.J., a minor,
(“petitioner”) filed a petition for compensation under the National Vaccine Injury Program.2
Petition at Preamble (ECF No. 1). The petition alleges that the influenza (“flu”) and hepatitis A
vaccine R.J. received on February 16, 2018 caused him to suffer from an encephalitis and acute
disseminated encephalomyelitis (“ADEM”). Petition at Preamble.
On October 6, 2021, respondent filed a stipulation providing that a decision should be
entered awarding compensation to petitioner. Stipulation (ECF No. 38). Respondent denies that
the flu vaccine and/or the hepatitis A vaccine is the cause of R.J.’s alleged injuries, or any other
injury or his current condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions,
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 1:19-vv-01885-UNJ Document 43 Filed 10/29/21 Page 2 of 8
the parties now agree that the issues between them shall be settled and that a decision should be
entered awarding the compensation to the petitioner according to the terms of the stipulation
attached hereto as Appendix A. Id. at ¶ 7.
The stipulation provides:
1) A lump sum of $60,00.00 in the form of a check payable to petitioner, as the
Guardian/Conservator of the estate of R.J., for the benefit of R.J.
2) A lump sum payment of $2,807.68, representing compensation for satisfaction of
the Commonwealth of Massachusetts Medicaid lien, payable jointly to
petitioner, and:
Commonwealth of Massachusetts-Casualty Recovery Unit (CRU)
Casualty Recovery
P.O. Box 417811
Boston, MA 02241-7811
Petitioner agrees to endorse this payment to the Commonwealth of
Massachusetts CRU. This lump sum represents full satisfaction of any right of
subrogation, assignment, claim, lien, or cause of action the Commonwealth of
Massachusetts had made to or on behalf of R.J. from the date of his eligibility
for benefits through the date of judgment in this case as a result of his alleged
vaccine-related injury suffered on or about February 16, 2018, under Title XIX
of the Social Security Act.
The lump sum amount 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

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