VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00726
Package ID: USCOURTS-cofc-1_16-vv-00726
Petitioner: Edith Bognar
Filed: 2016-06-21
Decided: 2017-03-17
Vaccine: varicella
Vaccination date: 2015-06-30
Condition: varicella infection and hives
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Edith Bognar filed a petition for compensation under the National Vaccine Injury Compensation Program on June 21, 2016, alleging she developed a varicella infection and hives as a result of receiving a varicella vaccination on or about June 30, 2015. The respondent denied that the vaccination caused her alleged injuries. The parties, represented by Andrew Downing for the petitioner and Gordon Shemin for the respondent, reached a settlement agreement. Special Master Mindy Michaels Roth adopted the parties' joint stipulation. The settlement included a lump sum payment of $75,000.00, payable to Edith Bognar, as compensation for all damages. The decision was issued on March 17, 2017.

Theory of causation field:
Petitioner Edith Bognar alleged that she developed a varicella infection and hives as a result of receiving a varicella vaccination on or about June 30, 2015. Respondent denied causation. The parties reached a joint stipulation to settle the case. The public decision does not describe the specific theory of causation, medical experts, clinical details of the alleged injury, or the mechanism of injury. The settlement resulted in an award of $75,000.00 as a lump sum payment to the petitioner. The decision was issued by Special Master Mindy Michaels Roth on March 17, 2017. Petitioner was represented by Andrew Downing and respondent by Gordon Shemin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00726-0
Date issued/filed: 2017-04-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 3/17/2017) regarding 24 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Copy to parties.
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Case 1:16-vv-00726-UNJ Document 32 Filed 04/11/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
(Filed: March 17, 2017)
No. 16-726V
* * * * * * * * * * * * *
EDITH BOGNAR, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Infection; Hives; Varicella
v. * Vaccine.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, Phoenix, AZ, for petitioner.
Gordon Shemin, US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On June 21, 2016, Edith Bognar [“Ms. Bognar,” or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petition, ECF No. 1.
Petitioner alleges that she developed a varicella infection and hives as a result of receiving a
varicella vaccination on or
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I
intend to post this decision on the United States Court of Federal Claims' website, in accordance
with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified
as amended at 44 U.S.C. § 3501 note (2012)). In accordance with Vaccine Rule 18(b), a party
has 14 days to identify and move to delete medical or other information, that satisfies the criteria
in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for
redaction must include a proposed redacted decision. If, upon review, I agree that the identified
material fits within the requirements of that provision, I will delete such material from public
access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.
Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent
subparagraph of 42 U.S.C. § 300aa (2012).
1

Case 1:16-vv-00726-UNJ Document 32 Filed 04/11/17 Page 2 of 7
about June 30, 2015. See Stipulation, filed March 17, 2017, ECF No. 23, at ¶¶ 1-4. Respondent
denies that the varicella immunization caused petitioner’s injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On March 17, 2017, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $75,000.00 in the form of a check payable to petitioner, Edith
Bognar. This amount represents compensation for all damages that would be
available under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The clerk of the court is directed to enter judgment in
accordance with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a
notice renouncing the right to seek review.
2

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