VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01190 Package ID: USCOURTS-cofc-1_18-vv-01190 Petitioner: I.K.L.R. Filed: 2018-08-10 Decided: 2020-07-01 Vaccine: varicella Vaccination date: 2015-08-14 Condition: chronic urticaria Outcome: compensated Award amount USD: AI-assisted case summary: On August 10, 2018, Rosa M. Rios Morales and Juan Enrique Lozada Virella, parents of the minor I.K.L.R., filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that I.K.L.R. received a varicella vaccine on or about August 14, 2015, and subsequently developed chronic urticaria, or that the vaccine aggravated a pre-existing condition. The petitioners claimed that I.K.L.R. experienced residual effects of the condition for more than six months. The respondent, the Secretary of Health and Human Services, denied that the varicella vaccine caused or aggravated I.K.L.R.'s alleged chronic urticaria or any other injury. The varicella vaccine is listed on the Vaccine Injury Table. On July 1, 2020, the parties filed a stipulation for an award. The stipulation stated that the parties agreed to settle the issues and that a decision should be entered awarding compensation. The award was to be an amount sufficient to purchase an annuity contract, representing compensation for all damages available under the program for the alleged injury. Special Master Thomas L. Gowen adopted the stipulation and awarded compensation accordingly. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Roberto Ruiz-Comas represented the petitioners, and Ryan D. Pyles represented the respondent. Theory of causation field: Petitioners alleged that the varicella vaccine administered on or about August 14, 2015, caused or aggravated I.K.L.R.'s chronic urticaria, resulting in residual effects for more than six months. The varicella vaccine is listed on the Vaccine Injury Table. The respondent denied causation. The parties reached a stipulation for award on July 1, 2020, agreeing to settle the issues and award compensation sufficient to purchase an annuity contract for all damages. Special Master Thomas L. Gowen adopted the stipulation. The public decision does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award beyond the annuity purchase. Roberto Ruiz-Comas was counsel for petitioners, and Ryan D. Pyles was counsel for respondent. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01190-0 Date issued/filed: 2020-07-29 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 07/01/2020) regarding 27 DECISION Stipulation/Proffer. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01190-UNJ Document 28 Filed 07/29/20 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: July 1, 2020 * * * * * * * * * * * * * ROSA M. RIOS MORALES and * JUAN ENRIQUE LOZADA VIRELLA, * Parents on Behalf of Minor Daughter, * I.K.L.R., * UNPUBLISHED * Petitioners, * No. 18-1190V * v. * Special Master Gowen * SECRETARY OF HEALTH * Stipulation for Award; Varicella; AND HUMAN SERVICES, * Chronic Urticaria. * Respondent. * * * * * * * * * * * * * * Roberto Ruiz-Comas, RC Legal & Litigation Services, San Juan, PR, for petitioners. Ryan D. Pyles, United States Department of Justice, Washington, DC, for respondent. DECISION ON STIPULATION1 On August 10, 2018, Rosa M. Rios Morales and Juan Enrique Lozada Virella (“petitioners”), on behalf of their minor daughter I.K.L.R., filed a petition for compensation under the National Vaccine Injury Compensation Program2 (the “Vaccine Program”). Petition (ECF No. 1). The petition seeks compensation for injuries allegedly related to I.K.L.R.’s receipt of a varicella vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). 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 intend 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. 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 opinion. 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-01190-UNJ Document 28 Filed 07/29/20 Page 2 of 9 I.K.L.R. received the varicella vaccine on or about August 14, 2015. The vaccination was administered within the United States. Petitioners allege that the varicella vaccine caused I.K.L.R. to develop chronic urticaria, or significantly aggravated her condition, and that I.K.L.R. experienced the residual effects of this injury for more than six months. On July 1, 2020, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioners on behalf of I.K.L.R. Stipulation (ECF No. 26). Respondent denies that the varicella vaccine either caused or significantly aggravated I.K.L.R.’s alleged chronic urticaria and/or any other injury. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding compensation according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation awards: 1) An amount sufficient to purchase the annuity contract described in paragraph 10 of the stipulation (attached hereto as Appendix A), paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”). This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a) for injuries allegedly related to I.K.L.R.’s receipt of the varicella vaccine. I adopt the stipulation as the decision of the Court and hereby award compensation in the amount and on the terms set forth therein. Accordingly, the Clerk of 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 expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:18-vv-01190-UNJ Document 28 Filed 07/29/20 Page 3 of 9 Case 1:18-vv-01190-UNJ Document 28 Filed 07/29/20 Page 4 of 9 Case 1:18-vv-01190-UNJ Document 28 Filed 07/29/20 Page 5 of 9 Case 1:18-vv-01190-UNJ Document 28 Filed 07/29/20 Page 6 of 9 Case 1:18-vv-01190-UNJ Document 28 Filed 07/29/20 Page 7 of 9 Case 1:18-vv-01190-UNJ Document 28 Filed 07/29/20 Page 8 of 9 Case 1:18-vv-01190-UNJ Document 28 Filed 07/29/20 Page 9 of 9