VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00745
Package ID: USCOURTS-cofc-1_13-vv-00745
Petitioner: V.S.
Filed: 2013-09-26
Decided: 2016-09-06
Vaccine: pneumococcal conjugate
Vaccination date: 2010-12-22
Condition: large abnormal mass/rash around the injection site, subsequently diagnosed as mastocytosis
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00745-0
Date issued/filed: 2016-10-03
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 09/06/2016) regarding 78 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (SP) Copy to parties.
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Case 1:13-vv-00745-UNJ Document 79 Filed 10/03/16 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
GIOVANNI SEMINERIO, *
as father and natural guardian of, *
V.S., a minor, * No. 13-745V
* Special Master Christian J. Moran
Petitioner, *
* Filed: September 6, 2016
v. *
*
SECRETARY OF HEALTH * Stipulation; pneumococcal conjugate
AND HUMAN SERVICES, * vaccine (“PCV”); mastocytosis.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Michael A. London, J Douglas & London, P.C., New York, NY, for Petitioner;
Ann D. Martin, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On September 2, 2016, the parties filed a joint stipulation concerning the
petition for compensation filed by Giovanni Seminerio, as father and natural
guardian of V.S., on July 6, 2015. In his petition, petitioner alleged that the
pneumococcal conjugate vaccine (“PCV”), which is contained in the Vaccine
Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which V.S. received on
December 22, 2010, caused him to develop a large abnormal mass/rash around the
injection site, which was subsequently diagnosed as mastocytosis. Petitioner
further alleges that V.S. experienced residual effects of this injury for more than
six months. Petitioner represents that there has been no prior award or settlement
of a civil action for damages on behalf of V.S. as a result of his condition.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:13-vv-00745-UNJ Document 79 Filed 10/03/16 Page 2 of 9
Respondent denies that V.S.’s vaccine(s) caused a large abnormal mass/rash
around the injection site, mastocytosis, or any other injury or condition.
Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A. The undersigned finds said stipulation reasonable and adopts it as the
decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
An amount sufficient to purchase the annuity contract described in
paragraph 10 of the stipulation, paid to the life insurance company from
which the annuity will be purchased (the “Life Insurance Company”).
This represents compensation for all damages that would be available
under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-745V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Shannon Proctor, at (202)
357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

Case 1:13-vv-00745-UNJ Document 79 Filed 10/03/16 Page 3 of 9
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
GIOVANNI SEMINERJO, as father and )
natural guardian ofV.S., a minor, )
)
Petitioner, )
v. ) No. 13-745V
) Special Master Moran
SECRETARY OF HEALTH AND HUMAN ) ECF
SERVICES, )
)
Respondent. )
~~~~~~~~~~~~~~~)
STIPULATION
The parties hereby stipulate to the following matters:
l. On behalf of his son, V.S., petitioner filed a petition for vaccine compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to V.S.'s receipt of the
pneumococcal conjugate vaccine, which is contained in the Vaccine Injury Table (the "Table"),
42 C.F.R. § 100.3 (a).
2. V .S. received pneumococcal conjugate, diphtheria-tetanus-acellular pertussis
("DTaP"), haemophilus influenza b ("Hib"), inactivated poliovirus ("IPV") and rotavirus
vaccines on December 22, 2010.
3. The vaccines were administered within the United States.
4. Petitioner alleges that the pneumococcal conjugate vaccine, which was administered
in V.S.'s right thigh, caused him to develop a large abnormal mass/rash around the injection site,
which was subsequently diagnosed as mastocytosis. Petitioner further alleges that V .S.
experienced residual effects of this injury for more than six months.

Case 1:13-vv-00745-UNJ Document 79 Filed 10/03/16 Page 4 of 9
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on behalf ofV.S. as a result of his condition.
6. Respondent denies that V.S. 's vaccine(s) caused a large abnormal mass/rash around
the injection site, mastocytosis, or any other injury or condition.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment for all damages that would be available under 42
U.S.C. §300aa-l 5(a):
An amount sufficient to purchase the annuity contract described in paragraph 10 below,
paid to the life insurance company from which the annuity will be purchased (the "Life
Insurance Company").
9. The Life Insurance Company must have a minimum of$250,000,000.00 capital and
surplus, exclusive of any mandatory security valuation reserve. The Life lnsurance Company
must have one of the following ratings from two of the following rating organizations:
a. A.M. Best Compa~y: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's lnvestor Service Claims Paying Rating: Aa3, Aa2, Aal, or Aaa;
c. Standard and Poor's Corporation lnsurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating:
AA-, AA, AA+, or AAA.
2

Case 1:13-vv-00745-UNJ Document 79 Filed 10/03/16 Page 5 of 9
I 0. The Secretary of Health and Human Services agrees to purchase an annuity contract
from the Life lnsurance Company for the benefit ofV.S., pursuant to which the Life Insurance
Company will agree to make payments periodically to V.S. for all damages that would be
available under 42 U .S.C. §300aa-l 5(a), as follows:
Beginning October 20, 2034, $13,001.47 payable annually for a period of ten (l 0)
years certain only.
The payments provided for in this paragraph I 0 shall be made as set forth above. Should V .S.
predecease the exhaustion of any certain payments set forth above, any remaining certain
payments shall be made to his estate. Written notice to the Secretary of Health and Human
Services and to the Life Insurance Company shall be provided within twenty (20) days ofV.S.'s
death.
I I. The annuity contract will be owned solely and exclusively by the Secretary of Health
and Human Services and will be purchased as soon as practicable following the entry of a
judgment in conformity with this Stipulation. The parties stipulate and agree that the Secretary
of Health and Human Services and the United States of America are not responsible for the
payment of any sums other than the amounts set forth in paragraph 8 herein and the amounts
awarded pursuant to paragraph 12 herein, and that they do not guarantee or insure any of the
future annuity payments. Upon the purchase of the annuity contract, the Secretary of Health and
Human Services and the United States of America are released from any and all obligations with
respect to future annuity payments.
12. As soon as practicable after the entry ofj udgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2l(a)(l), and an application, the parties will submit to further proceedings
3

Case 1:13-vv-00745-UNJ Document 79 Filed 10/03/16 Page 6 of 9
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
13. Petitioner and his attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. §
1396 et seq.)), or by entities that provide health services on a pre-paid basis.
14. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 12 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i),
subject to the availability of sufficient statutory funds.
15. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, the money provided pursuant to this Stipulation will be
used solely for the benefit of V.S. as contemplated by a strict construction of 42 U.S.C. §300aa
l 5{a) and ( d), and subject to the conditions of 42 U .S.C. § 300aa-15(g) and (h).
16. In return for the payments described in paragraphs 8 and 12, petitioner, in his
individual capacity and as legal representative of V.S., on behalf of himself, V.S., and his heirs,
executors, administrators, successors or assigns, does forever irrevocably and unconditionally
release, acquit and discharge the United States and the Secretary of Health and Human Services
from any and all actions or causes of action (including agreements, judgments, claims, damages,
loss of services, expenses and all demands of whatever kind or nature) that have been brought,
could have been brought, or could be timely brought in the Court of Federal Claims, under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300 aa-10 et seq., on account of, or
4

Case 1:13-vv-00745-UNJ Document 79 Filed 10/03/16 Page 7 of 9
in any way growing out of, any and all known or unknown, suspected or unsuspected personal
injuries to or death ofV.S. resulting from, or alleged to have resulted from, the vaccinations
administered on December 22, 2010, as alleged by petitioner in a petition for vaccine
compensation filed on or about September 26, 2013, in the United States Court of Federal
Claims as petition No. 13-745V.
17. IfV.S. should die prior to entry ofj udgment, this agreement shall be voidable upon
proper notice to the Court on behalf of either or both of the parties.
18. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
19. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine lnj ury Act of 1986, as amended, except
as otherwise noted in paragraph 12 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
20. Petitioner hereby authorizes respondent to disclose documents filed by petitioner in
this case consistent with the Privacy Act and the routine uses described in the National Vaccine
Injury Compensation Program System of Records, No. 09-15-0056.
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Case 1:13-vv-00745-UNJ Document 79 Filed 10/03/16 Page 8 of 9
21. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that pneumococcal conjugate and/or DTaP and/or Hib
and/or IPV and/or rotavirus vaccines caused V .S. to suffer a large abnormal mass/rash around the
injection site, mastocytosis, or any other injury or condition.
22. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns as legal representatives of V.S.
END OF STlPULA TION
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Case 1:13-vv-00745-UNJ Document 79 Filed 10/03/16 Page 9 of 9
RespectfuUy submitted ,
ATTORNEY OF RE
PETITIONER:
-
MIC L ON.,.._...,'"'
E. REEVES
DOUGLAS & LONDON, P.C. Acting Deputy Director
59 Maiden Lane, 6th Floor Torts Branch
New York, NY 10038 Civil Division
Tel: (212) 566-7500 U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRJ}TARY OF HEALTH RESPONDENT:
AND HU~.s~rroES:
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~/~/ ~ ~ 7211/~·
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N Y I-JA , M.D. ANN D. MARTIN
Acting Director, Division of Injury Senior Trial Attorney
Compensation Programs Torts Branch, Civil Division
Healthcare Systems Bureau U.S. Department of Justice
Health Resources and Services Administration P.O. Box 146
U.S. Department of Health and Human Services Benjamin Franklin Station
5600 Fishers Lane Washington, DC 20044-0146
Parklawn Building, Mail Stop 08Nl46B Tel: (202) 307-1815
Rockville, MD 20857
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Dated:
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