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In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS 

(Filed: October 27, 2016) 

No. 12-729V 

UNPUBLISHED 

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

KEVIN MANCILLA LOPEZ, * Decision on Joint Stipulation;

 * Acute Disseminated

* Encephalomyelitis (“ADEM”);

Petitioner, * Guillain-Barre Syndrome 

 * (“GBS”); Hepatitis B; 

v. * Tetanus-diphtheria-acellular 

 * Pertussis (“TDaP”); 

SECRETARY OF HEALTH * Inactivated polio (“IPV”); 

AND HUMAN SERVICES, * Measles-mumps-rubella 

 * (“MMR”); Hepatitis A; 

 Respondent. * Human papilloma virus 

 * (“HPV”) 

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

Mark L. Krueger, Krueger & Hernandez, Baraboo, WI, for petitioner. 

Julia W. McInerny, US Department of Justice, Washington, DC, for respondent. 

DECISION ON JOINT STIPULATION1

Roth, Special Master: 

 On October 26, 2012, Kevin Mancilla Lopez [“petitioner”] filed a petition for 

compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that 

he developed Guillain-Barre Syndrome (“GBS”) and/or Acute Disseminated Encephalomyelitis 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I 

intend to post this decision on the United States Court of Federal Claims' website, 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 (2006)). In accordance with Vaccine Rule 18(b), a party 

has 14 days to identify and move to delete medical or other information, that satisfies the criteria 

in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for 

redaction must include a proposed redacted decision. If, upon review, I agree that the identified 

material fits within the requirements of that provision, I will delete such material from public 

access. 

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

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

subparagraph of 42 U.S.C. § 300aa (2012).
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(“ADEM”) as a result of receiving a tetanus-diphtheria-acellular pertussis (“TDaP”), hepatitis B, 

inactivated polio (“IPV”), measles-mumps-rubella (MMR), hepatitis A, and human papilloma 

virus (“HPV”) vaccines on January 7, 2011. See Stipulation, filed October 27, 2016, at ¶¶ 1-4

[ECF No. 59]. Respondent denies that any of the above immunizations caused petitioner’s 

injury. Stipulation at ¶ 6. 

 Nevertheless, the parties have agreed to settle the case. On October 27, 2016, the parties 

filed a joint stipulation agreeing to settle this case and describing the settlement terms. 

 

Respondent agrees to issue the following payment: 

(1) A lump sum of $1,230,510.37, representing compensation for first year life 

care expenses ($172,844.07), lost earnings ($728,776.59), pain and suffering 

($245,00.00), and past unreimbursable expenses ($83,889.71), in the form of 

a check payable to petitioner, Kevin Mancilla Lopez;

(2) A lump sum of $20,712.20, representing reimbursement of a lien for vaccinerelated services rendered on behalf of petitioner, in the form of check 

payable jointly to petitioner and

California Department of Health Care Services 

Recovery Branch – MS 4720

P.O. Box 997421 

Sacramento, CA 95899-7421

Attn: Class Action Unit 

DHCS Account No.: C94758194F-VAC03 

(3) An amount sufficient to purchase the annuity contract described in 

paragraph 10 of the Stipulation, paid to the life insurance company from 

which the annuity will be purchased. 

 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 is directed to enter judgment in 

accordance with this decision.3

 

IT IS SO ORDERED. 

 

s/ Mindy Michaels Roth 

 Mindy Michaels Roth 

 Special Master 

 

 

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a 

notice renouncing the right to seek review.



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