In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: March 30, 2022

* * * * * * * * * * * * *

VANESSA MUNIZ, *

As Parent and Natural Guardian * Unpublished

Of M.M., a Minor, *

*

Petitioner, * No. 18-994V

*

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Decision on Stipulation; MeaslesAND HUMAN SERVICES, * Mumps-rubella (“MMR”); Febrile

* Seizures. 

Respondent. *

* * * * * * * * * * * * *

Bridget C. McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner. 

Madelyn Weeks, Dept. of Justice, Washington, D.C., for respondent. 

DECISION ON STIPULATION1

On July 11, 2018, Vanessa Muniz, as parent and natural guardian of M.M., a minor

(“petitioner”). filed a claim in the National Vaccine Injury Compensation Program.2 Petition 

(ECF No. 1). Petitioner alleged that as a result of M.M. receiving the measles-mumps-rubella

(“MMR”), hepatitis B and haemophilus influenza b (“Hib”), pneumococcal conjugate, and 

varicella vaccines on February 10, 2016, M.M. suffered febrile seizures. Id. at Preamble. 

On March 29, 2022, respondent filed a stipulation providing that a decision should be 

entered awarding compensation to petitioner. Stipulation (ECF No. 42). Respondent denies that 

the MMR, Hib, pneumococcal conjugate and the varicella vaccines caused M.M.’s febrile 

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. 
2

seizures, or any injury. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the 

parties now agree that the issues between them shall be settled and that a decision should be 

entered awarding compensation to the petitioner according to the terms of the stipulation 

attached hereto as Appendix A. Id. at ¶ 7. 

The stipulation provides that respondent agrees to pay the following

1) 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).