Case Information
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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 STIPULATION [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 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.
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
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 HEAL TH 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; 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 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, def erred, 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 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.
24. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
Respectfully submitted,
PETITIONER:
i}jU()_C( 8, VERONIKA KASSIS AUTHORIED REPRESENTATIVE ATTORNEY OF RECORD FOR
P TITIONER:
OF THE ATTORNEY GENERAL:
~t't-f ~~Q-?v-Mf\. HA HERL. PEARLMAN
B TH M. MULDOWNEY,
Deputy Director . derson, P.C. 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:
J effrey s.
Digitally signed by
Jeffrey S. Beach -S
Beach -S
~or
Date: 2025.05.20 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: · - - - - - - - - - - - - -
NOTES
[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).
[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