1 

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 11-202V 

Filed: June 18, 2015 

* * * * * * * * * * * * * * * * UNPUBLISHED 

KEVIN FISCHER, as the legal * 

Representative of a minor child, KJF, * 

 * Special Master Dorsey 

Petitioner, * 

 * 

v. * Joint Stipulation on Damages; 

 * Hepatitis B (Hep B), DiphtheriaSECRETARY OF HEALTH * Tetanus- Acellular Pertussis (DTaP); 

AND HUMAN SERVICES, * Haemophilus Influenzae Type B 

 * (Hib); Pneumococcal Conjugate; 

Respondent. * Inactivated Polio Vaccines; Infantile 

 * Spasms. 

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

Michael Adly Baseluos, San Antonio, TX, for petitioner.

Darryl R. Wishard, United States Department of Justice, Washington, DC, for respondent. 

DECISION1

On April 1, 2011, Shauni Rai Fischer2

 (“petitioner”) filed a petition on behalf of her 

daughter, KJF, pursuant to the National Vaccine Injury Compensation Program.3 42 U.S.C. §§ 

300aa-1 to -34 (2006). Petitioner alleged that, as a result of receiving the hepatitis B (“Hep B”), 

diphtheria-tetanus-acellular pertussis (“DTaP”), haemophilus influenza type b (“Hib”), 

 

1

 Because this decision contains a reasoned explanation for the undersigned’s action in this case, 

the undersigned intends to post this ruling on the website of the United States Court of Federal 

Claims, 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)). As provided by 

Vaccine Rule 18(b), each party has 14 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 of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 

18(b). 

2 On June16, 2015, an order was entered amending the caption of the case to reflect that Mr. 

Kevin Fischer was appointed the guardian of KJF. 

3 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 (2006) (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 

pneumococcal conjugate (“PCV”) and inactivated polio (“IPV”) vaccinations on April 26, 2010, 

KJF suffered from infantile spasms and related sequelae. Petitioner further alleged that KJF 

suffered the residual effects or complications of this vaccine injury for more than six months. 

On May 4, 2015, the parties filed a stipulation, stating that a decision should be entered awarding 

compensation. 

On May 22, 2015, Ms. Shauni Fischer, passed away. See ECF No. 91, Suggestion of 

Death, Supplement (Death Certificate). A status conference was held on June 3, 2015, to discuss 

the death of Ms. Fischer. Counsel for Ms. Fischer explained that a guardianship proceeding had 

been scheduled to appoint a new guardian for KJF. 

On June 8, 2015, petitioner filed a Suggestion of Death and death certificate for Ms. 

Fischer. See ECF No. 91, Suggestion of Death and attached Supplement. On June 16, 2015, 

petitioner filed the Joint Motion to substitute the petitioner in this case and to amend judgment so 

that the award of compensation would be paid to the appointed guardian of KJF’s estate and 

endorsed by the substituted petitioner. In the Joint Motion, the parties specifically requested that 

the judgment in this case be amended to pay the $650,000.00, award to Karen Seal, as the 

guardian of KJF’s estate, and to allow Mr. Kevin Fischer, as the legal guardian of KJF, to 

endorse the checks to Medicaid. The Joint Motion attached an orders from the Karnes County, 

Texas State Court appointing Kevin Fischer as the legal guardian of KJF, and appointing Karen 

Dalglish Seal as the guardian of the estate of KJF. See ECF No. 92, Documents 2 and 3. An 

order was issued on June 16, 2015, granting the portion of the Joint Motion that requested that 

Mr. Fischer be substituted as the petitioner and amended the caption of this case. On June 17, 

2015, the undersigned issued an order vacating the decision entered on May 4, 2015, and the 

Judgment entered May 8, 2015.4 

Respondent denies that the vaccines caused or significantly aggravated KJF’s alleged 

medical condition, any of her ongoing symptoms, or any other injury. Nevertheless, the parties 

agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the 

stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the 

terms set forth therein. 

 

4 On June 17, 2015, in response to an email inquiry sent to the parties by the undersigned’s law 

clerk, respondent’s counsel confirmed by email that respondent does not require that a new 

stipulation be filed in this case. Respondent explained that the stipulation was signed by Ms. 

Shauni Fischer prior to her death on May 22, 2015. The stipulation was approved by the 

undersigned’s decision before Ms. Fischer’s death. The judgment was also entered before Ms. 

Fischer’s death, and she elected to accept the judgment before her death. Respondent noted that 

as of June 16, 2015, Kevin Fischer has been substituted as the petitioner in the case and that he 

steps into the role of the petitioner at this juncture, with the case as it stands currently. 

Respondent requests the judgment to be amended to reflect the new caption, to identify Karen 

Seal as guardian of KJF's estate, in paragraph (a) of the judgment, and to identify Kevin Fischer 

as the petitioner in paragraphs (b) and (c) of the judgment.
3 

 The parties stipulated that petitioner shall receive the following compensation: 

a. A lump sum of $650,000.00, in the form of a check payable to Karen Seal, as the 

guardian of KJF’s estate;

b. A lump sum of $66,021.83, which amount represents compensation for 

reimbursement of a Texas Medicaid lien, in the form of a check, payable jointly to 

petitioner and TMHP/Medicaid, Attn: Torts Receivables, P.O. Box 292948, 

Austin, TX 78720-2948 (petitioner agrees to endorse this payment to THMP); and 

c. A lump sum of $62,117.00, which amount represents compensation for 

reimbursement of a Medicaid lien, in the form of a check payable jointly to 

petitioner and the Wisconsin Department of Health Services, 5615 High Point 

Dr., Suite 100, Irving, TX, 75038-9984 (petitioner agrees to endorse this payment to 

Wisconsin Department of Health Services). 

Stipulation ¶ 8. 

 The undersigned approves the requested amount for petitioner’s compensation. 

Accordingly, an award should be made consistent with the stipulation. 

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

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ 

stipulation.5 

IT IS SO ORDERED. 

 s/ Nora Beth Dorsey 

 Nora Beth Dorsey 

 Special Master 

 

5

 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of 

notice renouncing the right to seek review.