Giovanni Seminerio v. HHS - Pneumococcal, large abnormal mass/rash around the injection site, subsequently diagnosed as mastocytosis (2016)

Filed 2013-09-26Decided 2016-09-06Vaccine Pneumococcal
compensated

Case summary [AI summaries can sometimes make mistakes]

Giovanni Seminerio, as the father and natural guardian of V.S., a minor, filed a petition under the National Vaccine Injury Compensation Program on July 6, 2015. The petition alleged that V.S. received a pneumococcal conjugate vaccine on December 22, 2010, which caused a large abnormal mass and rash around the injection site, subsequently diagnosed as mastocytosis.

The petition also stated that V.S. experienced residual effects of this injury for more than six months. The same date, V.S. also received DTaP, Hib, IPV, and rotavirus vaccines.

The respondent, the Secretary of Health and Human Services, denied that any of V.S.'s vaccines caused the alleged injuries. The parties resolved the case through a joint stipulation, which was adopted by Special Master Christian J.

Moran as the decision of the court on September 6, 2016. Under the terms of the stipulation, V.S. was awarded compensation in the form of an annuity.

The annuity was to be purchased by the Secretary of Health and Human Services from a qualified life insurance company. Payments were to begin on October 20, 2034, with an annual amount of $13,001.47 for a period of ten years certain.

If V.S. died before the ten-year period concluded, any remaining certain payments would be made to his estate. The stipulation also provided that attorneys' fees and costs would be addressed in separate proceedings.

The decision adopting the stipulation was filed on September 6, 2016, and docketed on October 3, 2016. Petitioner was represented by Michael A.

London of Douglas & London, P.C., and respondent was represented by Ann D. Martin of the U.S.

Department of Justice.

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