VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01136 Package ID: USCOURTS-cofc-1_18-vv-01136 Petitioner: V.K. Filed: 2018-08-02 Decided: 2022-06-28 Vaccine: DTaP Vaccination date: 2015-08-13 Condition: juvenile idiopathic arthritis (JIA) and uveitis Outcome: compensated Award amount USD: 135000 AI-assisted case summary: On August 2, 2018, Yarah Alicea and Nicholas Kontos, as parents and natural guardians of V.K., a minor, filed a petition alleging that the diphtheria, tetanus, and acellular pertussis (DTaP), inactivated polio (IPV), and Varicella vaccines administered on August 13, 2015, caused V.K. to develop juvenile idiopathic arthritis (JIA) and uveitis. The petition stated that V.K. suffered residual effects for more than six months and that there had been no prior award or settlement for these damages. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused V.K.'s alleged conditions. However, the parties reached a joint stipulation for compensation. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The decision, filed on June 28, 2022, awarded $135,000.00 to purchase an annuity contract, representing compensation for all damages available under the program. The public decision does not describe V.K.'s specific onset of symptoms, clinical course, diagnostic tests, treatments, or the mechanism of causation. Petitioner counsel was Sylvia Chin-Caplan of the Law Office of Sylvia Chin-Caplan, LLC, and respondent counsel was Cristine Mary Becer of the United States Department of Justice. Theory of causation field: Petitioners alleged that the DTaP, IPV, and Varicella vaccines administered on August 13, 2015, caused V.K. to develop juvenile idiopathic arthritis (JIA) and uveitis, conditions listed on the Vaccine Injury Table, and that V.K. suffered residual effects for more than six months. Respondent denied causation. The parties reached a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccines allegedly caused the injury. The award was $135,000.00 to purchase an annuity contract. The decision was filed on June 28, 2022. Petitioner counsel was Sylvia Chin-Caplan, and respondent counsel was Cristine Mary Becer. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01136-0 Date issued/filed: 2022-06-28 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 6/7/2022) regarding 105 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (jmw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01136-UNJ Document 107 Filed 06/28/22 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * YARAH ALICEA and NICHOLAS * KONTOS, as parents and natural guardians * No. 18-1136V of V.K., a minor, * Special Master Christian J. * Moran * Petitioners, * Filed: June 7, 2022 * v. * Stipulation; diphtheria, tetanus, * acellular pertussis (“DTaP”) SECRETARY OF HEALTH * vaccine; inactivated polio AND HUMAN SERVICES, * (“IPV”) vaccine; varicella * vaccine; juvenile idiopathic Respondent. * arthritis (“JIA”); uveitis. * * * * * * * * * * * * * * * * * * * * * * * * * Sylvia Chin-Caplan, Law Office of Sylvia Chin-Caplan, LLC, Boston, MA, for Petitioner; Cristine Mary Becer, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On June 6, 2022, the parties filed a joint stipulation concerning the petition for compensation filed by Yarah Alicea and Nicholas Kontos on August 2, 2018. In their petition, petitioners alleged that the diphtheria, tetanus, and acellular pertussis (“DTaP”), inactivated polio (“IPV”), and Varicella vaccines, which are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), and which V.K. received on August 13, 2015, caused V.K. to suffer juvenile idiopathic arthritis (“JIA”) and uveitis. Petitioners further allege that V.K. suffered the residual effects of this injury for more than six months. Petitioners represent that 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:18-vv-01136-UNJ Document 107 Filed 06/28/22 Page 2 of 9 there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Respondent denies that the DTap, IPV, and varicella vaccines caused V.K.’s alleged JIA, uveitis, or any other injury or her current condition. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: An amount of $135,000.00 to purchase the annuity contract described in paragraph 10 of the stipulation, paid to the life insurance company from which the annuity will be purchased. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:18-vv-01136-UNJ Document 107 Filed 06/28/22 Page 3 of 9 Case 1:18-vv-01136-UNJ Document 107 Filed 06/28/22 Page 4 of 9 Case 1:18-vv-01136-UNJ Document 107 Filed 06/28/22 Page 5 of 9 Case 1:18-vv-01136-UNJ Document 107 Filed 06/28/22 Page 6 of 9 Case 1:18-vv-01136-UNJ Document 107 Filed 06/28/22 Page 7 of 9 Case 1:18-vv-01136-UNJ Document 107 Filed 06/28/22 Page 8 of 9 Case 1:18-vv-01136-UNJ Document 107 Filed 06/28/22 Page 9 of 9