In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

Filed: March 30, 2018 

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

SARAH D. MURRAY, on behalf of her * No. 17-361V 

Daughter, C.E.M., a Minor Child, * 

 * 

 Petitioner, * Special Master Sanders 

 * 

v. * 

 * 

SECRETARY OF HEALTH * Stipulation for Award; Varicella Vaccine; 

AND HUMAN SERVICES, * Varicella. 

 * 

 Respondent. * 

 * 

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

Matthew J. Williams, Hodsdon & Ayer, Kennebunk, ME, for Petitioner. 

Ilene C. Albala, United States Department of Justice, Washington, DC, for Respondent. 

DECISION1

 On March 17, 2017, Sarah D. Murray (“Petitioner”) filed a petition for compensation on 

behalf of her daughter, C.E.M., a minor child, pursuant to the National Vaccine Injury 

Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner alleged that the 

varicella vaccine C.E.M. received on November 13, 2015 caused C.E.M. to develop varicella. 

See Stip. at 1, ECF No. 27. Petitioner further alleged that she experienced residual effects of her 

injury for more than six months. Id. 

On March 30, 2018, the parties filed a stipulation in which they state that a decision 

should be entered awarding compensation to Petitioner. Id. Respondent denies that the varicella 

vaccine caused Petitioner’s alleged varicella, her current condition, or any other injury. Id. 

Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The 

 

1 This decision shall be posted on the website of the United States Court of Federal Claims, in 

accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 

2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). As provided by Vaccine Rule 

18(b), each party has 14 days within which to request 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). 

2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. Hereafter, 

for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 

42 U.S.C. § 300aa (2012). 
2 

undersigned finds the stipulation reasonable and adopts it as the decision of the Court in 

awarding damages, on the terms set forth therein. 

 The parties stipulate that Petitioner shall receive the following compensation: 

[A] lump sum payment of $3,000.00 in the form of a check payable to 

[P]etitioner. This amount represents compensation for all damages that would 

be available under 42 U.S.C. § 300aa-15(a). 

Id. at 2. 

 The undersigned approves the requested amount for Petitioner’s compensation. 

Accordingly, an award should be made consistent with the stipulation. 

 In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of 

Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3

IT IS SO ORDERED. 

 s/Herbrina D. Sanders 

 Herbrina D. Sanders 

 Special Master 

 

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of 

notice renouncing the right to seek review. 
IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

SARAH D. MURRAY, on behalf 

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of her daughter, C.E,M., a minor child, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

Respondent. 

No. 17-361 

Special Master Sanders

ECF 

STIPULATION 

The parties hereby stipulate to the following matters: 

1. On behalf of her daughter, C.E.M., petitioner filed a petition for vaccine compensation

under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-1 0 10 -34 (the 

0Vacc!ne Program"). The petition seeks compensation for injuries allegedly related to C.E,M. 's 

receipt of a varicella vaccine, which vaccine is contained in the Vaccine Injury Table (the 

"Table"), 42 C.F.R. § 100.J(a). 

2. C.E.M. received a varicella immunization on NovCmber 13, 2015.

3. The vaccine was administered within the United States.

4. Petitioner alleges that C.E,M, suffered from varicella as a result of receiving the

varlcella vaccine, and suffered the residual effec1s of this alleged Injury for more than six 

months. 

5. Petitioner represents !hat there has been no prior award or settlement of a civil action

for damages on behalf ofC.E.M. as a result of her daughter's condition.