In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
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LAURA MCWATERS, * No. 22-744V
On behalf of her minor child, D.M., *
*
*
Petitioner, *
* Special Master Christian J. Moran
v. *
* Filed: August 3, 2026
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
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Courtney Christine Jorgenson, Siri & Glimstad, LLP, Phoenix, AZ, for Petitioner;
Felicia Langel, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION 1
On August 3, 2026, the parties filed a joint stipulation concerning the
petition for compensation filed on behalf of D.M. on July 7, 2022. Petitioner
alleged that the diphtheria, tetanus, acellular pertussis, hepatitis B, and inactivated poliovirus ("DTaP-Hep B-IPV"); Haemophilus influenzae type B ("Hib");
pneumococcal conjugate ("PCV"); rotavirus vaccines that D.M. received on July
22, 2019, caused D.M. to suffer a skin disorder. Petitioner further alleges that the measles, mumps, and rubella ("MMR"); varicella; and hepatitis A ("Hep A")
vaccines D.M. received on July 9, 2020, significantly aggravated the condition.
These vaccines are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.
§100.3(a). Petitioner further alleges that D.M. suffered the residual effect of his alleged injury for more than six months. Petitioner represents that there has been
1
Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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), the parties have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. Any changes will appear in the document posted on the website. no prior award or settlement of a civil action for damages on D.M.’s behalf as a
result of his condition.
Respondent denies that D.M. 's alleged injury or its residual effects were
caused-in-fact by the DTaP-Hep B-IPV, Hib, PCV, and rotavirus vaccines, or
significantly aggravated by the MMR, varicella, and Hep A vaccines; denies that
these vaccines caused any other injury or condition; and denies that D.M. 's current condition is a sequela of a vaccine-related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation
reasonable and adopts it as the decision of the Court in awarding damages, on the
terms set forth therein.
Damages awarded in that stipulation include:
a. An amount of $10,000.00 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 (the "Life Insurance
Company"); 2 and
b. A lump sum of $12,050.70 3 representing reimbursement of a
Medicaid lien for services rendered to D.M. by the State of Alabama, to
be paid through an ACH deposit to petitioner's counsel's IOLTA
account for prompt disbursement to:
Health Management System
Third Party Liability Recovery Unit
Medicaid ID# 530001500482
Case # 226792
Attn: Jameisha McBride
P.O. Box 240756
Montgomery, AL 36124
2
Notwithstanding references herein to "the Life Insurance Company" or "the annuity contract," to satisfy the conditions set forth herein, in respondent's sole and absolute discretion, respondent may purchase one or more annuity contracts from one or more life insurance companies.
3
This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Alabama may have against any individual as a result of any Medicaid payments the State of Alabama Medicaid Agency has made to or on behalf of D.M. as a result of the alleged vaccinerelated injury suffered on or about July 22, 2019, and July 9, 2020, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h).
2
These amounts represent compensation for all damages that would be
available under42 U.S.C. § 300aa-15{a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment according to this decision and the attached stipulation. 4
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
4
Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.
3