VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00246
Package ID: USCOURTS-cofc-1_16-vv-00246
Petitioner: Zaira Guzman-Avila
Filed: 2016-02-19
Decided: 2022-08-16
Vaccine: Tdap
Vaccination date: 2013-08-22
Condition: benign tumor in her right upper arm
Outcome: compensated
Award amount USD: 19115

AI-assisted case summary:
On February 19, 2016, Zaira Guzman-Avila, initially represented by her mother, filed a petition alleging that she developed a benign tumor in her right upper arm following vaccinations. She received the tetanus-diphtheria-acellular pertussis (Tdap) and Varicella vaccinations on August 22, 2013, and an influenza (flu) vaccination on November 14, 2013. The case caption was later amended when Zaira reached the age of majority. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused the alleged benign arm lesion or cyst, or any other injury. On August 16, 2022, the parties filed a stipulation recommending an award of compensation. Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. Zaira Guzman-Avila was awarded $19,115.84 in compensation, representing a lump sum payable by check to Petitioner, for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation. Petitioner was represented by Edward Kraus of Kraus Law Group, LLC, and Respondent was represented by Alexis B. Babcock of the U.S. Department of Justice.

Theory of causation field:
Petitioner alleged that she developed a benign tumor in her right upper arm after receiving Tdap and Varicella vaccinations on August 22, 2013, and an influenza vaccination on November 14, 2013. Respondent denied causation. The parties filed a stipulation recommending compensation, which the Special Master adopted. Petitioner was awarded $19,115.84. The public decision does not specify the theory of causation, the mechanism, or any expert testimony.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00246-2
Date issued/filed: 2022-09-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 8/16/2022) regarding 70 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made.
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Case 1:16-vv-00246-UNJ Document 75 Filed 09/06/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: August 16, 2022
* * * * * * * * * * * * * * * * * * *
ZAIRA GUZMAN-AVILA, * UNPUBLISHED
*
Petitioner, * No. 16-246V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation; Tetanus-
AND HUMAN SERVICES, * Diphtheria-Acellular Pertussis (“Tdap”)
* Vaccine; Varicella Vaccine; Influenza
Respondent. * (“Flu”) Vaccine; Benign Cyst at Injection
* Site.
* * * * * * * * * * * * * * * * * * *
Edward Kraus, Kraus Law Group, LLC, Chicago, IL, for Petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION BASED ON STIPULATION1
On February 19, 2016, Zaira Guzman-Avila2 (“Petitioner”) filed a petition in the National
Vaccine Injury Program3 alleging that she developed a benign tumor in her right upper arm after
receiving the tetanus-diphtheria-acellular pertussis (“Tdap”) and Varicella vaccinations on
August 22, 2013, and the influenza (“flu”) vaccination on November 14, 2013. Amended
Petition at 1 (ECF No. 31).
1 Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is required to post it on the United States Court of Federal Claims’ website in
accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal
Management and Promotion of Electronic Government Services). This means the Decision will
be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b),
petitioner has 14 days to identify and move to redact medical or other information, the disclosure
of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned
agrees that the identified material fits within this definition, the undersigned will redact such
material from public access.
2 This case was originally filed by Petitioner’s mother, but the caption was amended when
Petitioner reached the age of majority.
3 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-10 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 1:16-vv-00246-UNJ Document 75 Filed 09/06/22 Page 2 of 7
On August 16, 2022, the parties filed a stipulation recommending an award of
compensation to Petitioner. Stipulation (ECF No. 69). Respondent denies that the vaccines
caused Petitioner’s alleged benign arm lesion or cyst or any other injury. 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 $19,115.84 in the form of a check payable to Petitioner.
This amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a). Stipulation at ¶ 8.
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
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.4
IT IS SO ORDERED.
s/Nora B. Dorsey
Nora B. Dorsey
Special Master
4 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

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