VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00465 Package ID: USCOURTS-cofc-1_15-vv-00465 Petitioner: N.S. Filed: 2015-05-07 Decided: 2016-06-22 Vaccine: MMR Vaccination date: Condition: juvenile idiopathic arthritis Outcome: compensated Award amount USD: 20000 AI-assisted case summary: On May 7, 2015, Dima Schloss, as next friend of her minor child N.S., filed a petition with the National Vaccine Injury Compensation Program. The petition alleged that N.S. developed juvenile idiopathic arthritis (JIA) following vaccinations with the measles-mumps-rubella (MMR), varicella, and pneumococcal vaccines. The specific dates of vaccination and the onset of symptoms were not detailed in the public decision. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused N.S.'s alleged JIA or any other injury. Despite the respondent's denial, the parties reached a joint stipulation for damages. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it to be reasonable. The parties agreed that N.S. would receive compensation in the form of a lump sum payment of $20,000.00, intended to cover all damages available under the National Childhood Vaccine Injury Act. The decision was entered on June 22, 2016, approving the stipulated award. Petitioner's counsel was Scott W. Rooney of Nemes Rooney, P.C., and respondent's counsel was Ryan Daniel Pyles of the United States Department of Justice. Theory of causation field: Petitioner alleged that N.S. developed juvenile idiopathic arthritis (JIA) as a result of receiving the measles-mumps-rubella (MMR), varicella, and pneumococcal vaccines. The respondent denied causation. The parties reached a joint stipulation for damages, agreeing to an award of $20,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccines allegedly caused JIA. The Special Master approved the stipulation as reasonable. The decision was entered on June 22, 2016, by Special Master Lisa Hamilton-Fieldman. Petitioner's counsel was Scott W. Rooney, and respondent's counsel was Ryan Daniel Pyles. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00465-0 Date issued/filed: 2016-06-22 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 6/1/2016) regarding 27 DECISION Stipulation/Proffer, Signed by Special Master Lisa Hamilton-Fieldman. (Attachments: #1 Appendix A)(pn) Copy to parties. Modified on 7/11/2019 to include the attachment(s) in the main document for posting to the courts website (da). -------------------------------------------------------------------------------- Case 1:15-vv-00465-UNJ Document 29 Filed 06/22/16 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-465V Filed: June 1, 2016 * * * * * * * * * * * * * * * * UNPUBLISHED DIMA SCHLOSS, as Next Friend of N.S., * a minor, * * Special Master Hamilton-Fieldman Petitioner, * * Joint Stipulation on Damages; v. * Measles-Mumps-Rubella (“MMR”) * Vaccine; Varicella Vaccine; SECRETARY OF HEALTH * Pneumococcal Vaccine; AND HUMAN SERVICES, * Juvenile Idiopathic Arthritis (“JIA”) * Respondent. * * * * * * * * * * * * * * * * * Scott W. Rooney, Nemes Rooney, P.C., Farmington Hills, MI, for Petitioner Ryan Daniel Pyles, United States Department of Justice, Washington, D.C., for Respondent. DECISION1 On May 7, 2015, Dima Schloss (“Petitioner”), on behalf of her minor child, N.S., filed a petition pursuant to the National Vaccine Injury Compensation Program.2 Petitioner alleged that N.S. developed juvenile idiopathic arthritis (“JIA”), as a result of receiving the measles-mumps- rubella, varicella, and pneumococcal vaccines. On June 1, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the vaccines at issue, either singly or in combination, are the cause of N.S.’s alleged JIA and/or any other injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the 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 purposes espoused in the E-Government Act of 2002. See 44 U.S.C. § 3501 (2012). 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, 42 U.S.C. §§ 300aa-1 to -34 (2012). 1 Case 1:15-vv-00465-UNJ Document 29 Filed 06/22/16 Page 2 of 8 stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The terms are reprinted here as follows: The parties stipulate that Petitioner shall receive the following compensation: A lump sum of $20,000.00, in the form of a check payable to Petitioner, on behalf of N.S. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Appendix A at 2, ECF No. 27-1. The undersigned approves the requested amount for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master 3 Entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 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