VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00253 Package ID: USCOURTS-cofc-1_15-vv-00253 Petitioner: E.S. Filed: 2015-03-11 Decided: 2016-09-27 Vaccine: Haemophilus Influenzae Type-B Vaccination date: 2013-01-23 Condition: Kawasaki disease Outcome: compensated Award amount USD: 5000 AI-assisted case summary: On March 11, 2015, Scott and Kathleen Siciliano filed a petition on behalf of their minor daughter, E.S., under the National Vaccine Injury Compensation Program. They alleged that E.S. received a Haemophilus Influenzae Type-B (Hib) vaccination on January 23, 2013, and subsequently developed Kawasaki disease, with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the Hib vaccination caused E.S.'s condition. The parties, represented by Mark T. Sadaka for the petitioners and Christine M. Becer for the respondent, reached a joint stipulation for damages. Special Master Thomas L. Gowen reviewed the stipulation. The stipulation stated that E.S. would receive $5,000.00 as compensation for all damages available under the program. Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court, awarding the agreed-upon compensation. Judgment was entered accordingly. Theory of causation field: Petitioners alleged that a Haemophilus Influenzae Type-B (Hib) vaccination administered on January 23, 2013, caused their minor daughter, E.S., to develop Kawasaki disease and experience residual effects for more than six months. The respondent denied causation. The parties reached a joint stipulation for damages, agreeing to an award of $5,000.00 for all damages. Special Master Thomas L. Gowen approved the stipulation and awarded the compensation. The public decision does not describe the specific medical experts, the mechanism of causation, or the onset and symptoms of the alleged injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00253-0 Date issued/filed: 2016-09-27 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/31/2016) regarding 32 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00253-UNJ Document 36 Filed 09/27/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-253V Filed: August 31, 2016 * * * * * * * * * * * * * * * * UNPUBLISHED SCOTT SICILIANO and KATHLEEN * SICILIANO, on behalf of E.S., * * Special Master Gowen Petitioners, * * Joint Stipulation on Damages; v. * Haemophilus Influenzae Type-B; * Kawasaki Disease. SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioners. Christine M. Becer, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On March 11, 2015, Scott Siciliano and Kathleen Siciliano (“petitioners”) filed a petition on behalf of their minor daughter, E.S., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioners alleged that as a result of receiving a Haemophilus Influenzae Type-B (“Hib”) vaccination on January 23, 2013, E.S. suffered Kawasaki disease. Stipulation ¶ 2, 4, filed Aug. 31, 2016. Further, petitioners alleged that E.S. experienced 1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). As provided by Vaccine Rule 18(b), each party has 14 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). 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 Case 1:15-vv-00253-UNJ Document 36 Filed 09/27/16 Page 2 of 7 residual effects of this injury for more than six months. Id. at ¶ 4. On August 31, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the Hib vaccination caused E.S. to suffer Kawasaki disease or any other injury, or her current condition. Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that petitioner shall receive the following compensation: A lump sum of $5,000.00, in the form of a check payable to petitioners, as legal representatives of E.S. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. at ¶ 8. The undersigned approves the requested amount for petitioners’ compensation. Accordingly, an award should be made consistent with the stipulation. The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:15-vv-00253-UNJ Document 36 Filed 09/27/16 Page 3 of 7 Case 1:15-vv-00253-UNJ Document 36 Filed 09/27/16 Page 4 of 7 Case 1:15-vv-00253-UNJ Document 36 Filed 09/27/16 Page 5 of 7 Case 1:15-vv-00253-UNJ Document 36 Filed 09/27/16 Page 6 of 7 Case 1:15-vv-00253-UNJ Document 36 Filed 09/27/16 Page 7 of 7