Andrew McRae v. HHS - MMR, left shoulder injury (2025)
Case summary [AI summaries can sometimes make mistakes]
Andrew McRae filed a petition on January 7, 2021, alleging that he suffered a left shoulder injury as a result of receiving the measles, mumps, and rubella (MMR) vaccine on October 19, 2019. The respondent, the Secretary of Health and Human Services, denied that the MMR vaccine caused Mr.
McRae's injury or current condition. Despite maintaining their positions, the parties reached a stipulation to settle the case.
As part of the stipulation, the respondent agreed that a decision should be entered awarding compensation to Mr. McRae.
The Special Master adopted the stipulation, awarding Mr. McRae a lump sum payment of $45,000.00, to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement.
This amount is intended to compensate for all damages available under the National Vaccine Injury Compensation Program. The decision was issued on March 13, 2025.
Petitioner was represented by Leah v. Durant of the Law Offices of Leah V.
Durant, PLLC, and respondent was represented by Austin J. Egan of the Department of Justice.
The Special Master was Thomas L. Gowen.
Theory of causation
Petitioner Andrew McRae alleged a left shoulder injury resulting from the MMR vaccine administered on October 19, 2019. Respondent denied causation. The parties reached a stipulation to settle the case, agreeing to an award of $45,000.00. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury, onset, symptoms, diagnostic tests, or treatments. The award is a lump sum intended to compensate for all damages under 42 U.S.C. § 15(a). The decision was issued by Special Master Thomas L. Gowen on March 13, 2025, with petitioner represented by Leah v. Durant and respondent by Austin J. Egan.
Source PDFs
USCOURTS-cofc-1_21-vv-00196