Marilyn Zolnowsky v. HHS - Rotavirus, intussusception (2014)

Marilyn Zolnowsky, as the mother and natural guardian of A.J.B., a minor, filed a petition on January 15, 2013, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that A.J.B. suffered intussusception caused by Rotavirus vaccinations received on June 2, 2010, and August 4, 2010.

It was further alleged that A.J.B. experienced residual effects of this injury for more than six months. The respondent denied that the Rotavirus vaccine caused A.J.B.’s intussusception or any other injury.

Despite the respondent's denial, the parties reached a settlement agreement. Under the terms of the stipulation, filed on June 30, 2014, the respondent agreed to pay a total of $37,473.13.

This amount included a lump sum of $6,000.00 for general damages, a lump sum of $350.00 for past unreimbursed medical expenses, and a lump sum of $17,523.13 to reimburse a South Dakota Medicaid lien. Additionally, a lump sum of $13,600.00 was allocated for attorneys’ fees and costs.

Special Master Thomas L. Gowen adopted the stipulation and directed the clerk of the court to enter judgment accordingly.

The case was compensated. Petitioner was represented by Sheila A.

Bjorklund of Lommen Abdo Law Firm, and respondent was represented by Melonie J. McCall of the U.S.

Dept. of Justice.