# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: March 30, 2022

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

VANESSA MUNIZ, *

As Parent and Natural Guardian * Unpub lished

Of M.M., a Minor

, *

*

Petitioner, * No. 18

- 994V

*

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Decision on S tipulation; Measles

AND HUMAN SERVICES, * Mumps

- rubella ( “ MMR ” ); Febrile

* Se izures.

Respondent. *

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

Bridget C. M

cCullough, Muller Brazil, LLP, Dresher, PA, for petition er.

Ma delyn W

e eks, Dept. of Justice, Washington, D.C., for respond ent.

DECISION ON STIPULATION 1

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

( “ petitioner ” ). file d 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 ” ) , hepa titis B and haemophilus influenza b ( “ Hib ” ), pneumococcal conjugate, and

varicella vac cines 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 de nies that

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

1 P ursuant to the E

- Government Act of 2002, see 44 U.S.C. § 3501 note (2012), b ecause 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, eac h 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 injur y. Id. at ¶ 6. Neverthe less, main taining their respective positions, the

parties no w agree that the issues between them shall be settled and that a decision should be

entered awarding compensation to the petitioner accor ding to the terms of the stipulation

attached hereto a s Appendix A. Id. at ¶ 7.

The stipulation prov ides that resp ondent agrees to pay the following

1) An amount sufficient to purchase the annuity c on tract described in paragraph

10 of the stip ulation, paid to the life insurance company from which the annuity

will be purchased.

T hese amounts represent compensation for all dam a ges 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’ stipulat ion. 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).