# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 8

- 2 76 V

(Not to be p ublished)

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

* Special Master Corcoran

JERICA MILES MABRY

, *

on behalf her mino r son, J.L.M.

, *

*

Petitioner, * Filed: September 4 , 2019

*

v. *

* Decision by Sti pulation ; Damages;

SECRETARY OF HEALTH * Conceded; Guillain

- Barré Syndrome;

AND HUMAN SERVICES, * DTaP Vaccine ; MMR Vaccine

.

*

Respondent. *

*

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

Milton Clay R agsdale, IV

, Ragsdale, LLC

, Birmingham

, AL

, for Petitioner.

Alexis B. Babcock , U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On February 22, 2018

, Jerica M abry filed a petition seeking compensation on behalf of her

minor so n

, J.L.M., under the National Vaccine Injury Compensation Program. 2 ECF No. 1. Ms.

Mabry first alleged that J.L.M. developed Guillain

- Barré syndrome (“GBS”) as a result of the

dip h theria, tetanus, acellular pertussis, and inactivated polio ( “ DTap /IPV ” ) and the measles,

mumps, rubella, and varicella ( “ MMR V ” ) vaccine s he received on February 23 , 201 5

. Id. at 1.

1 Although not formally designated for publication, this Decision will be posted on the United States Court of Federal

Claims website in accordance with the E

- Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision

will be available to anyon e with access to the internet . As provided by 42 U.S.C. § 300aa

- 12(d)(4)(B), however,

the parties may object to the published Decision’s inclusion of certain kinds of confidential information. Specifically,

under Vaccine Rule 18(b), each party has fourteen 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 o f which would constitute a clearly

unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public

in its current form. Id.

2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660,

100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa

- 10 through 34 (20 12) (“Vaccine Act” or “the Act”)

. Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix)

.2 Respondent denies that J.L.M. ’ s medical problems were c aused by the receipt of the

DTap/I PV and MMRV vaccines. Nonetheless, both parties , while maintaining their above

- stated

p ositions, agreed in a stipulation filed on September 3, 2019, that the issues before them can be

settled and that a decision should be entered awarding Petitioner compensation.

I have reviewed the file, and b ased upon that review, I conclude that the parties ’ s tip ul ation

(as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the

terms set forth therein.

The s t ipulation awards :

• A lump sum payment of $ 85 ,000.00 , in the form of a check payable to Petitioner , Jerica

Miles Mabry, as guardian /conservator of J.L.M. ’ s estate

. This amount represent s

compensation for all elements of compensation under Vaccine Act Section 15(a) to

which Petitioner is entitled.

I approve a Vaccine Program award in the requested amount set forth above to be made to

Petitioner. In the absence of a motion for review filed pursuant to RCF C Appendix B, the clerk of

the C ourt is directed to enter judgment herewith. 3

IT IS SO ORDERED.

/s/ Brian H. Corcoran

Brian H. Corcoran

Special Master

3 Pu rsuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)

a notice renouncing their right to seek review.