VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00952
Package ID: USCOURTS-cofc-1_16-vv-00952
Petitioner: S.L.
Filed: 2016-08-05
Decided: 2019-02-25
Vaccine: MMR
Vaccination date: 2015-10-29
Condition: shingles
Outcome: compensated
Award amount USD: 72588

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00952-0
Date issued/filed: 2019-02-25
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 1/29/2019) regarding 42 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (km) Service on parties made.
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Case 1:16-vv-00952-UNJ Document 43 Filed 02/25/19 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-952V
Filed: January 29, 2019
* * * * * * * * * * * * * * *
MELISSA BIANCONI, on Behalf *
of S.L., a Minor, * UNPUBLISHED
*
Petitioner, *
* Decision on Joint Stipulation;
v. * Shingles; Measles-Mumps-Rubella
* (“MMR”) and Varicella Vaccines
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * *
Douglas Burdette, Esq., Burdette Law, PLLC, Seattle, WA, for petitioner.
Jeffrey Sprague, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On August 5, 2016, Melissa Bianconi (“petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program, on behalf of her minor daughter, S.L.2
Petitioner alleges that S.L. developed shingles after receiving the measles-mumps-rubella
(“MMR”), and varicella vaccinations on October 29, 2015. Stipulation, filed January 29, 2019, at
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. However, the parties may object to the Decision’s
inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen 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). Otherwise, the whole Decision will be available to the public. Id.
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-00952-UNJ Document 43 Filed 02/25/19 Page 2 of 9
¶¶ 1-4. Respondent denies that any of the aforementioned immunizations caused S.L.’s injury.
Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On January 29, 2019, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
An amount sufficient to purchase the annuity contract described in ¶ 10 of the
Stipulation, paid to the life insurance company from which the annuity will be
purchased (“Life Insurance Company”). The Secretary of Health and Human
Services agrees to purchase an annuity contract from the Life Insurance Company
for the benefit of S.L., pursuant to which the Life Insurance Company will agree to
make three certain lump sum payments to S.L. for all other damages that would
be available under 42 U.S.C. §300aa-15(a), as follows:
a. $20,442.99 payable in a certain lump sum on June 11, 2035,
b. $23,664.01 payable in a certain lump sum on June 11, 2039,
c. $28,481.56 payable in a certain lump sum on June 11, 2044.
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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