Melissa Bianconi v. HHS - MMR, shingles (2019)
Case summary [AI summaries can sometimes make mistakes]
On August 5, 2016, Melissa Bianconi filed a petition on behalf of her minor daughter, S.L., seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that S.L. developed shingles after receiving the measles-mumps-rubella (MMR) and varicella vaccinations on October 29, 2015.
The respondent, the Secretary of Health and Human Services, denied that the immunizations caused S.L.'s injury. Despite the respondent's denial, the parties reached a settlement agreement.
The terms of the settlement stipulated that the respondent would purchase an annuity contract for S.L.'s benefit. This annuity contract would provide three lump sum payments totaling $72,588.59 on specific future dates: $20,442.99 on June 11, 2035, $23,664.01 on June 11, 2039, and $28,481.56 on June 11, 2044.
Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation accordingly. The petition was filed on August 5, 2016, and the decision on the stipulation was issued on February 25, 2019.
Petitioner was represented by Douglas Burdette, Esq., and respondent was represented by Jeffrey Sprague, Esq. The public decision does not describe the onset of symptoms, specific clinical details of the shingles, any diagnostic tests performed, or treatments received.
The specific mechanism of causation was not detailed in the public decision.
Theory of causation
Petitioner alleged that S.L. developed shingles after receiving the measles-mumps-rubella (MMR) and varicella vaccinations on October 29, 2015. Respondent denied causation. The parties reached a settlement, and compensation was awarded via an annuity contract totaling $72,588.59, with payments of $20,442.99 on June 11, 2035, $23,664.01 on June 11, 2039, and $28,481.56 on June 11, 2044. The public decision does not specify the theory of causation, any medical experts, or the mechanism by which the vaccines allegedly caused shingles. The decision was issued by Special Master Mindy Michaels Roth on February 25, 2019, based on a joint stipulation filed January 29, 2019. Petitioner's counsel was Douglas Burdette, Esq., and respondent's counsel was Jeffrey Sprague, Esq.
Source PDFs
USCOURTS-cofc-1_16-vv-00952