In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: October 6, 2021

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

ISSAM JUBIL parent and natural, * UNPUBLISHED

guardian of R.J., a minor, *

*

Petitioner, * No. 19-1885V

*

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Decision on Stipulation; 

AND HUMAN SERVICES, * Influenza; Hepatitis A;

* Acute disseminated 

Respondent. * encephalomyelitis (ADEM). 

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

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

Dhairya D. Jani, U.S. Dept. of Justice, Washington, D.C., for respondent. 

DECISION ON STIPULATION1

On December 12, 2019, Issam Jubil, as parent and natural guardian of R.J., a minor, 

(“petitioner”) filed a petition for compensation under the National Vaccine Injury Program.2 

Petition at Preamble (ECF No. 1). The petition alleges that the influenza (“flu”) and hepatitis A 

vaccine R.J. received on February 16, 2018 caused him to suffer from an encephalitis and acute 

disseminated encephalomyelitis (“ADEM”). Petition at Preamble. 

On October 6, 2021, respondent filed a stipulation providing that a decision should be 

entered awarding compensation to petitioner. Stipulation (ECF No. 38). Respondent denies that 

the flu vaccine and/or the hepatitis A vaccine is the cause of R.J.’s alleged injuries, or any other 

injury or his current condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, 

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

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

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

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

The stipulation provides:

1) A lump sum of $60,00.00 in the form of a check payable to petitioner, as the 

Guardian/Conservator of the estate of R.J., for the benefit of R.J. 

2) A lump sum payment of $2,807.68, representing compensation for satisfaction of 

the Commonwealth of Massachusetts Medicaid lien, payable jointly to 

petitioner, and:

Commonwealth of Massachusetts-Casualty Recovery Unit (CRU)

Casualty Recovery

P.O. Box 417811

Boston, MA 02241-7811

Petitioner agrees to endorse this payment to the Commonwealth of 

Massachusetts CRU. This lump sum represents full satisfaction of any right of 

subrogation, assignment, claim, lien, or cause of action the Commonwealth of 

Massachusetts had made to or on behalf of R.J. from the date of his eligibility 

for benefits through the date of judgment in this case as a result of his alleged

vaccine-related injury suffered on or about February 16, 2018, under Title XIX 

of the Social Security Act. 

The lump sum amount 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).