VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00036
Package ID: USCOURTS-cofc-1_13-vv-00036
Petitioner: A.J.B.
Filed: 2013-01-15
Decided: 2014-07-25
Vaccine: Rotavirus
Vaccination date: 2010-06-02
Condition: intussusception
Outcome: compensated
Award amount USD: 37473

AI-assisted case summary:
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.

Theory of causation field:
Petitioner alleged that A.J.B. suffered intussusception caused in fact by Rotavirus vaccinations received on June 2, 2010, and August 4, 2010, with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation for settlement. The public decision does not describe the specific medical experts, clinical details of the injury, onset, symptoms, diagnostic tests, treatments, or the mechanism of injury. The theory of causation was designated as Off-Table. The settlement award totaled $37,473.13, comprising $6,000.00 for general damages, $350.00 for past unreimbursed medical expenses, $17,523.13 for a South Dakota Medicaid lien reimbursement, and $13,600.00 for attorneys’ fees and costs. Special Master Thomas L. Gowen adopted the stipulation on July 25, 2014. Petitioner's counsel was Sheila A. Bjorklund, and respondent's counsel was Melonie J. McCall.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00036-0
Date issued/filed: 2014-07-25
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 07/02/2014) regarding 30 DECISION Stipulation/Proffer, DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00036-UNJ Document 35 Filed 07/25/14 Page 1 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 13-036V
Filed: July 2, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
MARILYN ZOLNOWSKY, as the *
mother and natural guardian of *
A.J.B., a minor, *
Petitioner, *
v. * Stipulation; Rotavirus; Intussusception;
* Medicaid Lien; Attorney’s Fees & Costs
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Sheila A. Bjorklund, Esq., Lommen Abdo Law Firm, Minneapolis, MN, for petitioner.
Melonie J. McCall, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION ON JOINT STIPULATION
1
Gowen, Special Master:
Marilyn Zolnowsky [“petitioner”] filed a petition as the mother and natural
guardian of A.J.B., a minor, for compensation under the National Vaccine Injury
Compensation Program2 on January 15, 2013. Petitioner alleges that A.J.B. suffered
intussusception that was caused in fact by the Rotavirus vaccinations she received on
June 2, 2010, and August 4, 2010. See Stipulation, filed June 30, 2014, at ¶¶ 2, 4.
Further, petitioner alleges that A.J.B. experienced residual effects of her injury for more
than six months. Id. at ¶ 4. Respondent denies that the Rotavirus vaccine or any other
vaccine caused A.J.B.’s intussusception or any other injury or her current disabilities.
Id. at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On June 30, 2014, the
parties filed a joint stipulation agreeing to settle this case and describing the settlement
terms.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision on the United States Court of Federal Claims' website, 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)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and
move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B).
Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I
will delete such material 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 (2006).

Case 1:13-vv-00036-UNJ Document 35 Filed 07/25/14 Page 2 of 8
Respondent agrees to pay petitioner:
(a) A lump sum of $6,000.00 in the form of a check payable to petitioner,
Marilyn Zolnowsky as the guardian/conservator of A.J.B.’s estate.
This amount represents compensation for all damages that would be
available under § 300aa-15(a), except as set forth in paragraphs (b)
and (c);
(b) A lump sum of $350.00 in the form of a check payable to petitioner,
Marilyn Zolnowsky, for past unreimbursed medical expenses;
(c) A lump sum of $17,523.13, which amount represents reimbursement
of a State of South Dakota Medicaid lien, in the form of a check
payable jointly to petitioner and:
South Dakota Department of Social Services, Recoveries and
Investigations
South Dakota Department of Social Services
Recoveries and Fraud Investigations
700 Governors Drive
Pierre, South Dakota 57501-2291
Case number:000268881
Attn: Ms. Melanie McDonald
Petitioner agrees to endorse this check to the appropriate State
agency; and
(d) A lump sum of $13,600.00 in the form of a check payable jointly to
petitioner and petitioner’s attorney, Sheila A. Bjorklund, Esq., for
attorneys’ fees and costs available under § 300aa-15(e); and, in
compliance with General Order #9, no out-of-pocket expenses were
incurred by petitioner in proceeding on the petition.
The special master adopts the parties’ stipulation attached hereto, and awards
compensation in the amount and on the terms set forth therein. The clerk of the court is
directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.

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