In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-607V

Filed: June 25, 2019

UNPUBLISHED

DAVID ROBIN CURTIS,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Joint Stipulation on Damages; 

Measles Mumps and Rubella (MMR) 

Vaccine; Dry Eyes; Dry Mouth

Zachary James Hermsen, Whitfield & Eddy Law, Des Moines, IA, for petitioner.

Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On May 5, 2017, petitioner filed a petition for compensation under the National 

Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2

(the “Vaccine 

Act”). Petitioner alleges that he suffered an exacerbation of severe dry eyes and mouth 

as a result of his May 5, 2014 receipt of the measles, mumps, and rubella (“MMR”) 

vaccine. (Pet., p. 1; Stip., filed July 24, 2019, at ¶¶ 1-4.) Petitioner further alleges that 

he experienced the residual effects of this injury for more than six months. (Pet., p. 1; 

Stip. at ¶ 4.) “Respondent denies that petitioner sustained a vaccine injury; denies that 

the vaccine caused petitioner’s alleged symptoms, or any other injury; and denies that 

his current condition is a sequelae of a vaccine-related injury.” (Stip. at ¶ 6.)

Nevertheless, on July 24, 2019, the parties filed the attached joint stipulation, 

stating that a decision should be entered awarding compensation. I find the stipulation 

reasonable and adopt it as the decision of the Court in awarding damages, on the terms 

set forth therein.

 

1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will 

be posted on the United States Court of Federal Claims’ website in accordance with the E-Government 

Act of 2002. See 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic 

Government Services). This means the decision will be available to anyone with access to the 

Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact 

medical or other information the disclosure of which would constitute an unwarranted invasion of privacy. 

If the special master, upon review, agrees that the identified material fits within this definition, it will be 

redacted 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).
2

Pursuant to the terms stated in the attached Stipulation, I award the following 

compensation:

a. A lump sum of $5,000.00 in the form of a check payable to petitioner. 

(Stip. at ¶ 8.) This amount represents all remaining compensation for 

damages that would be available under § 15(a). (Id.) 

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

clerk of the court is directed to enter judgment in accordance with this decision.3

IT IS SO ORDERED.

s/Daniel T. Horner

Daniel T. Horner

Special Master

 

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

renouncing the right to seek review.