VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00139
Package ID: USCOURTS-cofc-1_20-vv-00139
Petitioner: L.U.
Filed: 2021-02-25
Decided: 2021-04-07
Vaccine: MMRV
Vaccination date: 2019-03-25
Condition: infected sinus tract fistula/abscess on her left thigh
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
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 field:
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.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-00139-0
Date issued/filed: 2021-04-07
Pages: 2
Docket text: PUBLIC RULING (Originally filed: 2/25/2021) regarding 33 Ruling on Entitlement. Signed by Special Master Mindy Michaels Roth. (ec) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-00139-UNJ Document 36 Filed 04/07/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-139V
Filed: February 25, 2021
* * * * * * * * * * * * * * *
*
KATELYN UGLIALORO, *
on behalf of L.U., a minor, *
* UNPUBLISHED
Petitioner, *
*
v. * Ruling on Entitlement;
* Measles-mumps-rubella-varicella
* (“MMRV”) vaccine;
SECRETARY OF HEALTH * Fistula; Abscess.
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * *
James Moyles, Esq., Moyles Muzic Law, Lemoyne, PA, for petitioner.
Mary Holmes, Esq., U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Roth, Special Master:
On February 10, 2020, Katelyn Uglialoro (“petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program (“the Program”)2 on behalf of, L.U.,
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on
the Court of Federal Claims’ 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 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§
300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be
to 42 U.S.C. § 300aa of the Act.

Case 1:20-vv-00139-UNJ Document 36 Filed 04/07/21 Page 2 of 2
her minor daughter. Petitioner alleges that L.U. received a measles-mumps-rubella-varicella
(“MMRV”) vaccination on March 25, 2019, and thereafter suffered from an infected sinus tract
fistula/abscess on her left thigh. See Petition at 1.
On February 22, 2021, respondent filed a report pursuant to Vaccine Rule 4(c) stating
that petitioner’s claim was appropriate for compensation. Resp. Rpt. at 1. Specifically,
respondent agrees with petitioner’s claim that L.U. suffered an infected sinus tract fistula/abscess
on her left thigh following her MMRV vaccination. Id. at 5. Respondent states that L.U.’s injury
was more likely than not caused by administration of the MMRV vaccine in L.U.’s left thigh. Id.
Based on a review of the medical records, respondent states that petitioner has met the applicable
statutory requirements as L.U.’s injury lasted for more than six months; therefore, petitioner has
satisfied all legal prerequisites for compensation under the Act. Id.
A special master may determine whether a petitioner is entitled to compensation based
upon the record. A hearing is not required. §300aa-13; Vaccine Rule 8(d). In light of
respondent’s concession and a review of the record, the undersigned finds that petitioner is
entitled to compensation. This matter shall now proceed to the damages phase.
IT IS SO ORDERED.
s/Mindy Michaels Roth
Mindy Michaels Roth
Special Master
2