VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01556 Package ID: USCOURTS-cofc-1_23-vv-01556 Petitioner: Z.L.S. Filed: 2023-09-08 Decided: 2025-06-10 Vaccine: MMR and varicella vaccines Vaccination date: 2020-09-11 Condition: idiopathic thrombocytopenic purpura (ITP) Outcome: compensated Award amount USD: 30000 AI-assisted case summary: On September 8, 2023, Veronika Kassis filed a petition on behalf of her minor child, Z.L.S., alleging that measles-mumps-rubella and/or varicella vaccines administered on September 11, 2020 caused idiopathic thrombocytopenic purpura. Respondent denied that the vaccines caused Z.L.S.'s alleged injuries, any other injury, or the child's current condition. The public stipulation does not describe symptom onset, platelet counts, diagnostic testing, hospitalization, treatment, recovery course, or residual limitations. The parties resolved the case by joint stipulation. On June 10, 2025, Chief Special Master Brian H. Corcoran awarded $30,000.00 in total compensation: $7,521.63 payable jointly to petitioner and The Rawlings Company LLC for a WellCare-Staywell lien, and $22,478.37 to purchase an annuity for Z.L.S. The annuity was structured for future lump-sum payments on March 12, 2037, March 12, 2040, and March 12, 2043, with the final payment adjusted to match the annuity purchase price. Theory of causation field: MMR and/or varicella vaccines September 11, 2020 allegedly causing ITP in minor Z.L.S.; exact age not stated. COMPENSATED by stipulation. Respondent denied causation and sequelae; public stipulation lacks onset/testing/treatment chronology. Award $7,521.63 WellCare-Staywell lien reimbursement payable with The Rawlings Company LLC + $22,478.37 annuity purchase for future payments = $30,000. Chief SM Brian H. Corcoran; petition September 8, 2023; decision June 10, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01556-0 Date issued/filed: 2025-07-16 Pages: 10 Docket text: PUBLIC DECISION (Originally filed: 06/10/2025) regarding 53 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01556-UNJ Document 57 Filed 07/16/25 Page 1 of 10 (cid:36)(cid:48)(cid:51)(cid:51)(cid:38)(cid:36)(cid:53)(cid:38)(cid:37) In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1556V VERONIKA KASSIS, as parent and Chief Special Master Corcoran legal representative of her minor child, Z.L.S, Filed: June 10, 2025 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA, for Petitioner. Eleanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 11, 2023, Veronika Kassis, on behalf of her minor child, Z.L.S., filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that Z.L.S. suffered from idiopathic thrombocytopenic purpura as a result of the measles-mumps-rubella (“MMR”) and/or Varicella vaccines received on September 11, 2020. Petition at 1; Stipulation at ¶¶ 1-4. Petitioner further alleges that Z.L.S. received her vaccination in the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Petition at ¶¶ 4, 22-23; Stipulation at ¶¶ 3-5. “Respondent denies that the vaccines caused-in-fact Z.L.S.’s alleged injuries, any other injury, or her current condition. ” Stipulation at ¶ 6. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Case 1:23-vv-01556-UNJ Document 57 Filed 07/16/25 Page 2 of 10 Nevertheless, on June 9, 2025, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: a. A lump sum payment of $7,521.63, representing reimbursement of a WellCare - Staywell lien for services rendered on behalf of Z.L.S., in the form of a check payable jointly to Petitioner and The Rawlings Company LLC ATTN: Wendell Jones Reference No.: 152698922 PO Box 2000 La Grange, KY 40031-2000 Petitioner agrees to endorse this check to The Rawlings Company, LLC. b. An amount of $22,478.37 to purchase the annuity contract described in paragraph 10 of the parties’ Stipulation, paid to the life insurance company from which the annuity will be purchased (the "Life Insurance Company"). Stipulation at ¶ 8. These amounts represent compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:23-vv-01556-UNJ Document 57 Filed 07/16/25 Page 3 of 10 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS VERONIKA KASSIS, as Parent and and Legal Representative of Her Minor Child, Z.L.S., No. 23-1556 V Petitioner, Chief Special Master Corcoran v. ECF SECRETARY OF HEALT H AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Veronika Kassis ("petitioner"), on behalf of Z.L.S., a minor child, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l O to -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to Z.L.S.'s receipt of the measles-mumps-rubella ("MMR") and/or Varicella vaccinations, which vaccines are contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I00.3(a). 2. Z.L.S. received the vaccines on September 11, 2020. 3. The vaccinations were administered within the United States. 4. Petitioner alleges that Z.L.S. suffered from the development of idiopathic thrombocytopenic purpura as a result of her receipt of the vaccines. Petitioner also alleges that Z.L.S. experienced the residual effects of this condition for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on Z.L.S. 's behalf as a result of Z.L.S. 's alleged injuries. Case 1:23-vv-01556-UNJ Document 57 Filed 07/16/25 Page 4 of 10 6. Respondent denies that the vaccines caused-in-fact Z.L.S.'s alleged injuries, any other injury, or her current condition. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payments: a. A lump sum of$7,52 l .63, representing reimbursement of a WellCare - Staywell lien for services rendered on behalf of Z.L.S., in the form of a check payable jointly to petitioner and The Rawlings Company LLC ATTN: Wendell Jones Reference No.: 152698922 POBox2000 La Grange, KY 40031-2000 Petitioner agrees to endorse this check to The Rawlings Company, LLC. b. An amount of $22,478.37 to purchase the annuity contract described in paragraph 10 below, paid to the life insurance company from which the annuity will be purchased (the "Life Insurance Company"). These amounts represent compensation for all damages that would be available under 42 U.S.C. §300aa-15(a). 9. The Life Insurance Company must have a minimum of$250,000,000.00 capital and surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company must have one of the following ratings from two of the following rating organizations: a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s; b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aal, or Aaa; 2 Case 1:23-vv-01556-UNJ Document 57 Filed 07/16/25 Page 5 of 10 c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+,orAAA; d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA, AA+, or AAA. I 0. The Secretary of Health and Human Services agrees to purchase an annuity contract from the Life Insurance Company for the benefit of Z.L.S., pursuant to which the Life Insurance Company will agree to make certain lump sum payments to Z.L.S. for all other damages that would be available under 42 U. S.C. §300aa-I S(a), as follows: a. A certain Lump Sum of$12,557.93 payable on March 12, 2037. b. A certain Lump Sum of$14,625.61 payable on March 12, 2040. c. A certain Lump Sum of$16,859.21 payable on March 12, 2043. The purchase price oft he annuity described in this paragraph shall neither be greater than nor less than $22,478.37. In the event that the cost of the annuity set forth above varies from $22,478.37, the certain lump sum payable on March 12, 2043, shall be adjusted to ensure that the total cost of the annuity is neither less nor greater than $22,478.37. The certain lump sum payments provided herein shall be made to Z.L.S. as set forth above. Should Z.L.S. predecease payment of any of the certain lump sum payments set forth above, said payments shall be made to her estate. However, written notice to the Secretary of Health and Human Services and the Life Insurance Company shall be provided within twenty (20) days of Z.L.S.'s death. 11. The annuity contract will be owned solely and exclusively by the Secretary of Health and Human Services and will be purchased as soon as practicable following the entry of a judgment in conformity with this Stipulation. The parties stipulate and agree that the Secretary of Health and Human Services and the United States of America are not responsible for the payment of any sums other than the amounts set forth in paragraph 8 herein and the amounts 3 Case 1:23-vv-01556-UNJ Document 57 Filed 07/16/25 Page 6 of 10 awarded pursuant to paragraph 13 herein, and that they do not guarantee or insure any of the future annuity payments. Upon the purchase of the annuity contract, the Secretary of Health and Human Services and the United States of America are released from any and all obligations with respect to future annuity payments. 12. The parties stipulate and agree that the annuity payments cannot be assigned, accelerated, defe rred, increased, or decreased by the parties and that no part of any annuity payments called for herein, nor any assets of the United States or the annuity company, are subject to execution or any legal process for any obligation in any manner. Petitioner and petitioner's heirs, executors, administrators, successors, and assigns do hereby agree that they have no power or right to sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise, and further agree that they will not sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise. 13. As soon as practicable after the entry ofj udgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l(a)(I ), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. 14. Petitioner and her attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-1 S(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or 4 Case 1:23-vv-01556-UNJ Document 57 Filed 07/16/25 Page 7 of 10 State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 15. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 13 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds. 16. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of Z.L.S. as contemplated by a strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h). 17. Petitioner represents that she presently is, or if necessary will become, duly authorized to serve as guardian of Z.L. S.' s estate under the laws of the State of Florida. 18. In return for the payments described in paragraphs 8 and 13, petitioner, in her individual capacity and as legal representative of Z.L.S., on behalf of herself, Z.L.S., and her heirs, executors, administrators, successors or assigns, do forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l 0 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of Z.L.S. resulting from, or alleged to have resulted from, the vaccinations administered on September 11, 2020, as alleged in a petition for vaccine s Case 1:23-vv-01556-UNJ Document 57 Filed 07/16/25 Page 8 of 10 compensation filed on or about September 11, 2023, in the United States Court of Federal Claims as petition No. 23-1556V. 19. If Z.L.S. should die prior to entry ofj udgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 20. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 21. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 13 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 22. Petitioner hereby authorizes respondent to disclose documents filed by petitioner in this case consistent with the Privacy Act and the routine uses described in the National Vaccine Injury Compensation Program System of Records, No. 09-15-0056. 23. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the vaccines caused-in-fact Z.L.S.'s alleged injury, or any other injury or Z.L.S.'s current condition, or that Z.L.S. suffered an injury contained in the Vaccine Injury Table. 6 Case 1:23-vv-01556-UNJ Document 57 Filed 07/16/25 Page 9 of 10 24. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 7 Case 1:23-vv-01556-UNJ Document 57 Filed 07/16/25 Page 10 of 10 Respectfully submitted, PETITIONER: i}jU()_C( 8, VERONIKA KASSIS ATTORNEY OF RECORD FOR AUTHORIED REPRESENTATIVE P TITIONER: OF THE ATTORNEY GENERAL: ~t't-f ~~Q-?v-Mf\. HA B TH M. MULDOWNEY, HERL. PEARLMAN . derson, P.C. Deputy Director 1111 East Main Street Torts Branch, Civil Division Suite 2400 U.S. Department of Justice P. 0. Box 1998 P.O. Box 146 Richmond, Virginia 23218-I 998 Benjamin Franklin Station.com Email: emuldowney sandsanderson.com Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTONEYOFRECORDFOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: s. effrey J Digitally signed by Jeffrey S. Beach -S -S Beach Date: 2025.05.20 ~or 10' 5:+·Q,f -CK'QO' I I CAPT GEORGE REED GRIMES, MD, MPH ELEANOR HANSON Director, Division of Injury Trial Attorney Compensation Programs Torts Branch, Civil Division Health Systems Bureau U.S. Department of Justice Health Resources and P.O. Box 146 Services Administration Benjamin Franklin Station U.S. Department of Health and Washington, DC 20044-0146 Human Services (202) 616-4186 5600 Fishers Lane, 08W-25A Email: Eleanor.Hanson usdoj.gov Rockville, MD 20857 Dated:· ------------- 8 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-01556-cl-extra-11100423 Date issued/filed: 2025-07-16 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10633836 -------------------------------------------------------------------------------- $033&$5&% In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1556V VERONIKA KASSIS, as parent and Chief Special Master Corcoran legal representative of her minor child, Z.L.S, Filed: June 10, 2025 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA, for Petitioner. Eleanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 11, 2023, Veronika Kassis, on behalf of her minor child, Z.L.S., filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that Z.L.S. suffered from idiopathic thrombocytopenic purpura as a result of the measles-mumps-rubella (“MMR”) and/or Varicella vaccines received on September 11, 2020. Petition at 1; Stipulation at ¶¶ 1-4. Petitioner further alleges that Z.L.S. received her vaccination in the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Petition at ¶¶ 4, 22-23; Stipulation at ¶¶ 3-5. “Respondent denies that the vaccines caused-in-fact Z.L.S.’s alleged injuries, any other injury, or her current condition. ” Stipulation at ¶ 6. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Nevertheless, on June 9, 2025, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: a. A lump sum payment of $7,521.63, representing reimbursement of a WellCare - Staywell lien for services rendered on behalf of Z.L.S., in the form of a check payable jointly to Petitioner and The Rawlings Company LLC ATTN: Wendell Jones Reference No.: 152698922 PO Box 2000 La Grange, KY 40031-2000 Petitioner agrees to endorse this check to The Rawlings Company, LLC. b. An amount of $22,478.37 to purchase the annuity contract described in paragraph 10 of the parties’ Stipulation, paid to the life insurance company from which the annuity will be purchased (the "Life Insurance Company"). Stipulation at ¶ 8. These amounts represent compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS VERONIKA KASSIS, as Parent and and Legal Representative of Her Minor Child, Z.L.S., No. 23-1556 V Petitioner, Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Veronika Kassis ("petitioner"), on behalf of Z.L.S., a minor child, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l O to -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to Z.L.S.'s receipt of the measles-mumps-rubella ("MMR") and/or Varicella vaccinations, which vaccines are contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I00.3(a). 2. Z.L.S. received the vaccines on September 11, 2020. 3. The vaccinations were administered within the United States. 4. Petitioner alleges that Z.L.S. suffered from the development of idiopathic thrombocytopenic purpura as a result of her receipt of the vaccines. Petitioner also alleges that Z.L.S. experienced the residual effects of this condition for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on Z.L.S. 's behalf as a result of Z.L.S. 's alleged injuries. 6. Respondent denies that the vaccines caused-in-fact Z.L.S.'s alleged injuries, any other injury, or her current condition. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payments: a. A lump sum of$7,52 l .63, representing reimbursement of a WellCare - Staywell lien for services rendered on behalf of Z.L.S., in the form of a check payable jointly to petitioner and The Rawlings Company LLC ATTN: Wendell Jones Reference No.: 152698922 POBox2000 La Grange, KY 40031-2000 Petitioner agrees to endorse this check to The Rawlings Company, LLC. b. An amount of $22,478.37 to purchase the annuity contract described in paragraph 10 below, paid to the life insurance company from which the annuity will be purchased (the "Life Insurance Company"). These amounts represent compensation for all damages that would be available under 42 U.S.C. §300aa-15(a). 9. The Life Insurance Company must have a minimum of$250,000,000.00 capital and surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company must have one of the following ratings from two of the following rating organizations: a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s; b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aal, or Aaa; 2 c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+,orAAA; d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA, AA+, or AAA. I 0. The Secretary of Health and Human Services agrees to purchase an annuity contract from the Life Insurance Company for the benefit of Z.L.S., pursuant to which the Life Insurance Company will agree to make certain lump sum payments to Z.L.S. for all other damages that would be available under 42 U.S.C. §300aa- I S(a), as follows: a. A certain Lump Sum of$12,557.93 payable on March 12, 2037. b. A certain Lump Sum of$14,625.61 payable on March 12, 2040. c. A certain Lump Sum of$16,859.21 payable on March 12, 2043. The purchase price of the annuity described in this paragraph shall neither be greater than nor less than $22,478.37. In the event that the cost of the annuity set forth above varies from $22,478.37, the certain lump sum payable on March 12, 2043, shall be adjusted to ensure that the total cost of the annuity is neither less nor greater than $22,478.37. The certain lump sum payments provided herein shall be made to Z.L.S. as set forth above. Should Z.L.S. predecease payment of any of the certain lump sum payments set forth above, said payments shall be made to her estate. However, written notice to the Secretary of Health and Human Services and the Life Insurance Company shall be provided within twenty (20) days of Z.L.S.'s death. 11. The annuity contract will be owned solely and exclusively by the Secretary of Health and Human Services and will be purchased as soon as practicable following the entry of a judgment in conformity with this Stipulation. The parties stipulate and agree that the Secretary of Health and Human Services and the United States of America are not responsible for the payment of any sums other than the amounts set forth in paragraph 8 herein and the amounts 3 awarded pursuant to paragraph 13 herein, and that they do not guarantee or insure any of the future annuity payments. Upon the purchase of the annuity contract, the Secretary of Health and Human Services and the United States of America are released from any and all obligations with respect to future annuity payments. 12. The parties stipulate and agree that the annuity payments cannot be assigned, accelerated, deferred, increased, or decreased by the parties and that no part of any annuity payments called for herein, nor any assets of the United States or the annuity company, are subject to execution or any legal process for any obligation in any manner. Petitioner and petitioner's heirs, executors, administrators, successors, and assigns do hereby agree that they have no power or right to sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise, and further agree that they will not sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise. 13. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l(a)(I ), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. 14. Petitioner and her attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-1 S(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or 4 State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 15. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 13 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds. 16. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of Z.L.S. as contemplated by a strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h). 17. Petitioner represents that she presently is, or if necessary will become, duly authorized to serve as guardian of Z.L. S.' s estate under the laws of the State of Florida. 18. In return for the payments described in paragraphs 8 and 13, petitioner, in her individual capacity and as legal representative of Z.L.S., on behalf of herself, Z.L.S., and her heirs, executors, administrators, successors or assigns, do forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l 0 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of Z.L.S. resulting from, or alleged to have resulted from, the vaccinations administered on September 11, 2020, as alleged in a petition for vaccine s compensation filed on or about September 11, 2023, in the United States Court of Federal Claims as petition No. 23-1556V. 19. If Z.L.S. should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 20. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 21. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 13 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 22. Petitioner hereby authorizes respondent to disclose documents filed by petitioner in this case consistent with the Privacy Act and the routine uses described in the National Vaccine Injury Compensation Program System of Records, No. 09-15-0056. 23. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the vaccines caused-in-fact Z.L.S.'s alleged injury, or any other injury or Z.L.S.'s current condition, or that Z.L.S. suffered an injury contained in the Vaccine Injury Table. 6 24. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 7 Respectfully submitted, PETITIONER: i}jU()_C( 8, VERONIKA KASSIS ATTORNEY OF RECORD FOR AUTHORIED REPRESENTATIVE P TITIONER: OF THE ATTORNEY GENERAL: B TH M. MULDOWNEY, ~HA t't-f ~~Q-?v-Mf\. HERL. PEARLMAN . derson, P.C. Deputy Director 1111 East Main Street Torts Branch, Civil Division Suite 2400 U.S. Department of Justice P.0. Box 1998 P.O. Box 146 Richmond, Virginia 23218- I 998 Benjamin Franklin Station.com Email: emuldowney sandsanderson.com Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTONEYOFRECORDFOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: effrey s. Digitally signed by J Jeffrey S. Beach -S Beach -S Date: 2025.05.20 10' 5:+·Q,f -CK'QO' ~or II CAPT GEORGE REED GRIMES, MD, MPH ELEANOR HANSON Director, Division of Injury Trial Attorney Compensation Programs Torts Branch, Civil Division Health Systems Bureau U.S. Department of Justice Health Resources and P.O. Box 146 Services Administration Benjamin Franklin Station U.S. Department of Health and Washington, DC 20044-0146 Human Services (202) 616-4186 5600 Fishers Lane, 08W-25A Email: Eleanor.Hanson usdoj.gov Rockville, MD 20857 Dated:· - - - - - - - - - - - - - 8 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_23-vv-01556-cl-extra-11239825 Date issued/filed: 2026-01-12 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10773240 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1556V VERONIKA KASSIS, as parent and legal representative of her minor child, Chief Special Master Corcoran Z.L.S. Filed: December 10, 2025 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA, for Petitioner. Eleanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On September 11, 2023, Veronika Kassis, on behalf of her minor child, Z.L.S., filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). Petitioner alleged that Z.L.S. suffered from idiopathic thrombocytopenic purpura as a result of the measles-mumps-rubella (“MMR”) and/or Varicella vaccines received on September 11, 2020. Petition, ECF No. 1. 1Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). On June 10, 2025, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 53. Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $37,457.49 (representing $36,056.10 in fees plus $1,401.39 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed October 2, 2025, ECF No. 58. Furthermore, Petitioner filed a signed statement representing that no personal out-of-pocket expenses were incurred. ECF No. 58-3 at 2. Respondent reacted to the motion on October 2, 2025, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Motion at 2-4, ECF No. 60. Also, on October 2, 2025, Petitioner filed a reply requesting that the amount of fees and costs listed in Petitioner’s motion be awarded. ECF No. 61. I have reviewed the billing records submitted with Petitioner’s request and find a small reduction in the amount of fees to be awarded appropriate, for the reason listed below. ANALYSIS The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Counsel must submit fee requests that include contemporaneous and specific billing records indicating the service performed, the number of hours expended on the service, and the name of the person performing the service. See Savin v. Sec’y of Health & Human Servs., 85 Fed. Cl. 313, 316-18 (2008). Counsel should not include in their fee requests hours that are “excessive, redundant, or otherwise unnecessary.” Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517, 1521 (Fed. Cir. 1993) (quoting Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)). It is “well within the special master’s discretion to reduce the hours to a number that, in [her] experience and judgment, [is] reasonable for the work done.” Id. at 1522. Furthermore, the special master may reduce a fee request sua sponte, apart from objections raised by respondent and without providing a petitioner notice and opportunity to respond. See Sabella v. Sec’y of Health & Human Servs., 86 Fed. Cl. 201, 209 (2009). A special master need not engage in a line-by-line analysis of petitioner’s fee application when reducing fees. Broekelschen v. Sec’y of Health & Human Servs., 102 Fed. Cl. 719, 729 (2011). The petitioner “bears the burden of establishing the hours expended, the rates charged, and the expenses incurred.” Wasson v. Sec’y of Health & Human Servs., 24 Cl. 2 Ct. 482, 484 (1991). The Petitioner “should present adequate proof [of the attorney’s fees and costs sought] at the time of the submission.” Wasson, 24 Cl. Ct. at 484 n.1. Petitioner’s counsel “should make a good faith effort to exclude from a fee request hours that are excessive, redundant, or otherwise unnecessary, just as a lawyer in private practice ethically is obligated to exclude such hours from his fee submission.” Hensley, 461 U.S. at 434. ATTORNEY FEES I have reviewed the billing records submitted with Petitioner’s request. The rates requested for work performed through 2025 are reasonable and consistent with our prior determinations and are hereby awarded herein. However, a few of the tasks performed by attorney Elizabeth Muldowney in this matter are more properly billed using a paralegal rate. 3 “Tasks that can be completed by a paralegal or a legal assistant should not be billed at an attorney’s rate.” Riggins v. Sec’y of Health & Hum. Servs., No. 99-382V, 2009 WL 3319818, at *21 (Fed. Cl. Spec. Mstr. June 15, 2009). “[T]he rate at which such work is compensated turns not on who ultimately performed the task but instead turns on the nature of the task performed.” Doe/11 v. Sec’y of Health & Hum. Servs., No. XX-XXXXV, 2010 WL 529425, at *9 (Fed. Cl. Spec. Mstr. Jan. 29, 2010). Although these billing entries reflect reasonably performed tasks, they must be charged at a reduced rate comparable to that of a paralegal. Application of the foregoing reduces the amount of fees to be awarded by $240.00. 4 ATTORNEY COSTS Petitioner has otherwise provided supporting documentation for all claimed costs. ECF No. 58-2 at 1-58. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. 3 Entries considered paralegal in nature include drafting requests for medical records, following up on medical records requests and drafting basic documents such as an exhibit list, PAR questionnaire, notice of filing, notice of intent, statement of completion, cover sheet, joint notice not to seek review. See billing entries dated: 5/23/2025 (2 entries), 5/30/2025 (2 entries), 6/10/2025 (3 entries). ECF No. 58-1 at 3-15. 4 This amount is calculated as follows: ($510.00 - $210.00 = $300.00 x 0.80 hrs.) = $240.00. 3 CONCLUSION The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT, in part, Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total amount of $37,217.49 (representing $35,816.10 in fees plus $1,401.39 in costs) to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this decision. 5 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 5 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 4