Juliana Owens v. HHS - Varicella, varicella vaccine-strain viral disease, inflammatory exanthem, eczema, eczema exacerbation, and/or lichen striatus allegedly following varicella vaccine (2025)
Case summary [AI summaries can sometimes make mistakes]
On September 26, 2022, Juliana Owens filed a petition for vaccine compensation on behalf of her minor child, S.O., alleging that S.O. received a varicella vaccine on February 25, 2021. The petition claimed that S.O. suffered from varicella vaccine-strain viral disease, inflammatory exanthem, eczema, eczema exacerbation, and/or lichen striatus, with residual effects lasting for more than six months.
The petition also stated that there had been no prior civil award or settlement for S.O.'s condition. Respondent denied that the varicella vaccine caused or significantly aggravated S.O.'s alleged injuries or any other injury or his current condition.
The case was resolved by a corrected joint stipulation rather than by a litigated causation ruling. The public decision and stipulation do not provide S.O.'s date of birth or exact age, describe the vaccination visit, identify the first rash or skin lesion date, provide laboratory confirmation details, summarize dermatology or infectious-disease treatment, name treating physicians or experts, or analyze whether the condition met a Table varicella injury.
On January 6, 2025, Special Master Christian J. Moran found the corrected stipulation reasonable and adopted it as the Court's decision.
The settlement funded an annuity for S.O.'s benefit with a $15,000.00 purchase price. The stipulated annuity schedule included payments of $5,000.00 on November 24, 2037; $6,000.00 on November 24, 2038; $7,000.00 on November 24, 2039; and $9,135.00 on November 24, 2040, with the payment amounts adjusted to ensure the annuity cost equaled $15,000.00.
The stipulation stated that the compensation represented all damages available under the Vaccine Act, apart from later proceedings for attorneys' fees and costs. Petitioner was represented by Andrew Donald Downing of Downing, Allison & Jorgenson in Phoenix, Arizona.
Respondent was represented by Naseem Kourosh of the U.S. Department of Justice.
Theory of causation
Petitioner Juliana Owens, on behalf of minor S.O., alleged that a varicella vaccine administered on February 25, 2021, caused S.O. to suffer from varicella vaccine-strain viral disease, inflammatory exanthem, eczema, eczema exacerbation, and/or lichen striatus, with residual effects lasting over six months. Respondent denied causation or significant aggravation. The case was resolved via a corrected joint stipulation, not a litigated causation ruling. The public decision and stipulation do not specify S.O.'s age, onset date of symptoms, diagnostic details, treatment, or named experts. Special Master Christian J. Moran adopted the stipulation on January 6, 2025. The award consists of a $15,000.00 annuity purchase for S.O.'s benefit, with scheduled payments from November 24, 2037, to November 24, 2040, adjusted to meet the $15,000.00 purchase price. Petitioner's counsel was Andrew Donald Downing; Respondent's counsel was Naseem Kourosh.
Source PDFs
USCOURTS-cofc-1_22-vv-01370