Giovanni Seminerio v. HHS - Pneumococcal, large abnormal mass/rash around the injection site, subsequently diagnosed as mastocytosis (2016)
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.
Theory of causation
Petitioner alleged that the pneumococcal conjugate vaccine administered to V.S. on December 22, 2010, along with DTaP, Hib, IPV, and rotavirus vaccines, caused a large abnormal mass/rash at the injection site, later diagnosed as mastocytosis, with residual effects lasting over six months. Respondent denied causation. The parties settled the case via stipulation, with Special Master Christian J. Moran adopting the stipulation as the decision of the court. The award was structured as an annuity, commencing October 20, 2034, paying $13,001.47 annually for ten years certain, with any remaining payments to V.S.'s estate if he died before the ten-year period. Attorneys' fees and costs were to be determined separately. The decision adopting the stipulation was filed September 6, 2016, and docketed October 3, 2016. Petitioner's counsel was Michael A. London of Douglas & London, P.C., and respondent's counsel was Ann D. Martin of the U.S. Department of Justice.
Source PDFs
USCOURTS-cofc-1_13-vv-00745