United States Court of Federal Claims, 2026

McWaters v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided August 26, 2026 · Christian J. Moran

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS ************************* 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. *

************************* 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UNPUBLISHED DECISION 1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 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

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

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. 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 vaccine- related 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). 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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.