L.U. v. HHS - MMRV, infected sinus tract fistula/abscess on her left thigh (2021)
Case summary [AI summaries can sometimes make mistakes]
Katelyn Uglialoro, on behalf of her minor daughter L.U., filed a petition for compensation under the National Vaccine Injury Compensation Program on February 10, 2020. Petitioner alleged that L.U. received a measles-mumps-rubella-varicella (MMRV) vaccination on March 25, 2019, and subsequently suffered from an infected sinus tract fistula/abscess on her left thigh.
The respondent, the Secretary of Health and Human Services, filed a report on February 22, 2021, conceding that L.U.'s injury was more likely than not caused by the MMRV vaccine administered in her left thigh. The respondent also agreed that L.U.'s injury lasted for more than six months, satisfying the legal prerequisites for compensation under the National Childhood Vaccine Injury Act.
Based on the respondent's concession and a review of the medical records, Special Master Mindy Michaels Roth found that L.U. is entitled to compensation. The case was then ordered to proceed to the damages phase.
Petitioner was represented by James Moyles, Esq., and respondent was represented by Mary Holmes, Esq. The decision was signed by Special Master Mindy Michaels Roth on April 7, 2021.
Theory of causation
Petitioner Katelyn Uglialoro, on behalf of minor L.U., alleged that L.U. suffered an infected sinus tract fistula/abscess on her left thigh following an MMRV vaccination on March 25, 2019. The respondent conceded that the injury was more likely than not caused by the MMRV vaccine and that the injury lasted for more than six months, satisfying the statutory requirements for compensation under the National Childhood Vaccine Injury Act. The Special Master, Mindy Michaels Roth, found entitlement based on the respondent's concession and a review of the record. The case proceeded to the damages phase. Petitioner was represented by James Moyles, Esq., and respondent by Mary Holmes, Esq. The decision date was April 7, 2021.
Source PDFs
USCOURTS-cofc-1_20-vv-00139