VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00196 Package ID: USCOURTS-cofc-1_21-vv-00196 Petitioner: Andrew McRae Filed: 2021-01-07 Decided: 2025-03-13 Vaccine: MMR Vaccination date: 2019-10-19 Condition: left shoulder injury Outcome: compensated Award amount USD: 45000 AI-assisted case summary: 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 field: 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. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00196-0 Date issued/filed: 2025-06-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/13/2025) regarding 55 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00196-UNJ Document 59 Filed 06/16/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: March 13, 2025 * * * * * * * * * * * * * ANDREW MCRAE, * * Petitioner, * No. 21-196V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Leah v. Durant, Law Offices of Leah V. Durant, PLLC, Washington, D.C., for petitioner. Austin J. Egan, Department of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On January 7, 2021, Andrew McRae (“petitioner”) filed a petition for compensation in the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleges that as a result of the measles, mumps and rubella (“MMR”) vaccine on October 19, 2019, he suffered a left shoulder injury. Id. On March 13, 2025, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 54). Respondent denies that petitioner suffered from a left shoulder injury as a result of the MMR vaccine and that the MMR vaccine caused his injury or current condition. Id. at ¶ 6. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and 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 1:21-vv-00196-UNJ Document 59 Filed 06/16/25 Page 2 of 7 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 payment of $45,000.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 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 Case 1:21-vv-00196-UNJ Document 59 Filed 06/16/25 Page 3 of 7 Case 1:21-vv-00196-UNJ Document 59 Filed 06/16/25 Page 4 of 7 Case 1:21-vv-00196-UNJ Document 59 Filed 06/16/25 Page 5 of 7 Case 1:21-vv-00196-UNJ Document 59 Filed 06/16/25 Page 6 of 7 Case 1:21-vv-00196-UNJ Document 59 Filed 06/16/25 Page 7 of 7