VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01075 Package ID: USCOURTS-cofc-1_18-vv-01075 Petitioner: E.E.Z. Filed: 2018-07-24 Decided: 2022-04-26 Vaccine: MMR Vaccination date: 2017-08-29 Condition: juvenile dermatomyositis Outcome: compensated Award amount USD: 250000 AI-assisted case summary: Marian J. Zielinski and Mathew E. Zielinski, as parents and legal representatives of the minor child E.E.Z., filed a petition on July 24, 2018, alleging that E.E.Z. suffered from juvenile dermatomyositis (JDM) as a result of receiving the measles, mumps, and rubella (MMR) and varicella vaccinations on August 29, 2017. The respondent denied that the vaccines caused E.E.Z.'s alleged injury. The parties reached a stipulation to settle the issues and award compensation. The stipulation awarded a lump sum of $237,655.90 for E.E.Z.'s estate and $12,344.10 for unreimbursable expenses, totaling $250,000. Special Master Thomas L. Gowen adopted the stipulation and ordered judgment accordingly. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation. Petitioner counsel was Richard H. Moeller, and respondent counsel was Emilie Williams. Theory of causation field: Petitioners alleged that E.E.Z. suffered from juvenile dermatomyositis (JDM) as a result of receiving the measles, mumps, and rubella (MMR) and varicella vaccinations on August 29, 2017. The respondent denied causation. The parties reached a stipulation to settle the claim, resulting in an award of $250,000, comprising $237,655.90 for the estate and $12,344.10 for unreimbursable expenses. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccines allegedly caused the JDM. The case was settled via stipulation, approved by Special Master Thomas L. Gowen on April 26, 2022, with petitioner represented by Richard H. Moeller and respondent by Emilie Williams. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01075-1 Date issued/filed: 2022-06-27 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 04/26/2022) regarding 71 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01075-UNJ Document 75 Filed 06/27/22 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: April 26, 2022 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MARIAN J. ZIELINSKI and MATHEW E. * Unpublished ZIELINSKI, legal representatives and parents * Of a minor child, E.E.Z. * * 18-1075V Petitioner, * v. * Special Master Gowen * SECRETARY OF HEALTH * Decision on Stipulation; AND HUMAN SERVICES, * Measles, mumps, and rubella * (“MMR”); Varicella; Juvenile Respondent. * Dermatomyositis (“JDM”). * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Richard H. Moeller, Moore, Heffernan, et al., Sioux City, IA, for petitioner. Emilie Williams, U.S. Department of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On July 24, 2018, Marian J. Zielinski and Mathew E. Zielinski, as legal representatives, and parents of minor child, E.E.Z., (“petitioners”), filed a petition in the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioners alleged that as a result of E.E.Z. receiving the measles, mumps, and rubella (“MMR”) and varicella vaccinations on August 29, 2017, suffered from juvenile dermatomyositis (“JDM”). Id. at Preamble. On April 26, 2022, respondent filed a stipulation providing that a decision should be entered awarding compensation to petition. Stipulation (ECF No. 70). Respondent denies that E.E.Z.’s alleged injury was caused by the MMR and varicella vaccines. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless now agree that the issues between them shall 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 2 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-1 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. Case 1:18-vv-01075-UNJ Document 75 Filed 06/27/22 Page 2 of 8 be settled and that a decision should be entered awarding compensation to petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation awards: 1) A lump sum of $237,655.90, in the form of a check payable to petitioners as guardians/conservators of E.E.Z.’s estate; and, 2) A lump sum of $12,344.10, which amount represents compensation for unreimbursable expenses, in the form of a check payable to petitioners, Marian J. and Mathew E. Zielinski. These amounts represent compensation for all damages that would be available under 42 U.S.C. § 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 SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:18-vv-01075-UNJ Document 75 Filed 06/27/22 Page 3 of 8 Case 1:18-vv-01075-UNJ Document 75 Filed 06/27/22 Page 4 of 8 Case 1:18-vv-01075-UNJ Document 75 Filed 06/27/22 Page 5 of 8 Case 1:18-vv-01075-UNJ Document 75 Filed 06/27/22 Page 6 of 8 Case 1:18-vv-01075-UNJ Document 75 Filed 06/27/22 Page 7 of 8 Case 1:18-vv-01075-UNJ Document 75 Filed 06/27/22 Page 8 of 8