# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: October 6, 2021

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

ISSAM JUBIL parent and na tural

, * UNPUBLISHED

guardian of R.J.

, a m inor, *

*

Petitioner, * No. 19

- 1885 V

*

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Decision on Stipulation;

AND HUMAN SERVICES, * Influenza; Hepatitis A ;

* Acute dissem inated

Respondent. * encephalomyelitis (ADEM).

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

B ridget C. McCullough

, Muller Brazil, LLP, Dresher, PA, for petitioner.

Dhairya D. Jani

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

DECISION ON STIPULATION 1

On December 12, 2019

, Issam Jubil, as parent and na tural guardian of R.J. , a minor

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

Petiti on at Preamble (ECF No. 1). The petition alleges tha t the influenza ( “ flu ” ) and hepa titis A

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

disseminated encephalomyelitis ( “ AD EM ” ). Petition at Preamble.

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

entered awarding compens ation 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 h is current condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions,

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/aggre gator/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. I d.

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 ci tations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa

.2

the par ties 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 che ck payable to petitioner, as the

Guardian/Conservator of the estate of R.J., f or the benefit of R.J.

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

the Commonwealth of Massa chusetts Medicaid l ien, payable joint ly to

petitioner , and:

Commonwealth of Massachusetts

- Casual ty Rec overy 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, as signment, claim, l ien, or cause of action the C ommonwealth of

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

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

vaccine

- related injury suffered on or about February 16, 2018, under T i tle XIX

of the So c ial Se curity Act.

The lump sum amount represent compensation for all damages that would be

available under 42 U.S.C. § 300a a

- 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).