VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00277 Package ID: USCOURTS-cofc-1_13-vv-00277 Petitioner: Maryann Giordano Filed: 2013-04-23 Decided: 2019-06-24 Vaccine: MMR and hepatitis B Vaccination date: 2010-04-29 Condition: multiple sclerosis, and/or transverse myelitis, and/or a significant aggravation of her previously diagnosed undifferentiated connective tissue disease Outcome: compensated Award amount USD: 80000 AI-assisted case summary: Maryann Giordano filed a petition on April 23, 2013, alleging that she developed multiple sclerosis (MS), and/or transverse myelitis (TM), and/or a significant aggravation of her previously diagnosed undifferentiated connective tissue disease (UCTD) after receiving measles-mumps-rubella (MMR) and hepatitis B (HepB) vaccinations on April 29, 2010. The respondent denied that the petitioner's alleged conditions or any other injury was caused or significantly aggravated by the vaccines. The parties subsequently agreed to settle the case through a joint stipulation filed on May 28, 2019. Special Master Mindy Michaels Roth reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. As part of the settlement, the respondent agreed to issue a lump sum payment of $80,000.00, payable to Maryann Giordano, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the petitioner's counsel, respondent's counsel, the specific onset of symptoms, medical history prior to vaccination, diagnostic tests, treatments, or any expert witnesses. The decision is designated as unpublished but will be posted on the Court of Federal Claims' website. Theory of causation field: Petitioner Maryann Giordano alleged that the MMR and hepatitis B vaccinations received on April 29, 2010, caused or significantly aggravated multiple sclerosis (MS), transverse myelitis (TM), and/or undifferentiated connective tissue disease (UCTD). Respondent denied causation. The parties reached a joint stipulation on May 28, 2019, to settle the case. Special Master Mindy Michaels Roth adopted the stipulation. The settlement awarded a lump sum of $80,000.00 to the petitioner. The public text does not specify the mechanism of injury, expert testimony, or detailed medical evidence supporting the petitioner's claim or the respondent's denial. Attorneys for the petitioner were Michael London, Esq., and Douglas & London, P.C. Attorney for the respondent was Debra Begley, Esq. The decision date was June 24, 2019. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00277-0 Date issued/filed: 2019-06-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 5/28/2019) regarding 110 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Service on parties made. -------------------------------------------------------------------------------- Case 1:13-vv-00277-UNJ Document 114 Filed 06/24/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-277V Filed: May 28, 2019 * * * * * * * * * * * * * MARYANN GIORDANO, * UNPUBLISHED * Petitioner, * Decision on Joint Stipulation; Multiple * Sclerosis (“MS”); Transverse Myelitis v. * (“TM”); Undifferentiated Connective * Tissue Disease (“UCTD”); Measles- SECRETARY OF HEALTH * mumps-rubella (“MMR”) Vaccine; AND HUMAN SERVICES, * Hepatitis B Vaccine; Significant * aggravation Respondent. * * * * * * * * * * * * * * Michael London, Esq., Douglas & London, P.C., New York, NY, for petitioner. Debra Begley, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On April 23, 2013, Maryann Giordano [“Ms. Giordano” or “petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that she developed multiple sclerosis (“MS”), and/or transverse myelitis (“TM”), and/or a significant aggravation of her previously diagnosed undifferentiated connective tissue disease (“UCTD”) after receiving measles-mumps-rubella (“MMR”) and hepatitis B vaccinations on April 29, 2010. Stipulation, filed May 28, 2019, at ¶¶ 1-4. Respondent denies that petitioner’s alleged MS, and/or TM, and/or UCTD, or any other injury, was caused or significantly aggravated by the MMR and hepatitis B vaccines. Stipulation at ¶ 6. 1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107- 347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will be available to anyone with access to the internet. However, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the whole Decision will be available to the public. Id. 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 (2012). Case 1:13-vv-00277-UNJ Document 114 Filed 06/24/19 Page 2 of 7 Nevertheless, the parties have agreed to settle the case. On May 28, 2019, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment: A lump sum of $80,000.00 in the form of a check payable to petitioner, Maryann Giordano. This amount represents compensation for all damages that would be available under § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award 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/ Mindy Michaels Roth Mindy Michaels Roth 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. 2 Case 1:13-vv-00277-UNJ Document 114 Filed 06/24/19 Page 3 of 7 Case 1:13-vv-00277-UNJ Document 114 Filed 06/24/19 Page 4 of 7 Case 1:13-vv-00277-UNJ Document 114 Filed 06/24/19 Page 5 of 7 Case 1:13-vv-00277-UNJ Document 114 Filed 06/24/19 Page 6 of 7 Case 1:13-vv-00277-UNJ Document 114 Filed 06/24/19 Page 7 of 7