# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: April 26, 2022

* * * * * * * * * * * * * * * * * * * * * * * * * * * * *

MARIAN J. ZIELINSKI and MATHEW E. * Unpublished

ZIELINSKI, legal representatives and parents *

Of a minor child, E.E.Z. *

* 18

- 1075 V

Petitioner, *

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Decision on Stipulation;

AND HUMAN SERVICES, * Measles, mumps, and rubella

* (“MMR”); Varicella; Juvenile

Respondent. * Dermatomyositis (“JDM”).

* * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Richard H. Moeller, Moore, Heffernan, et al., Sioux City, IA, for petitioner.

Emilie Williams, U.S. Department of Justice, Washington, D.C., for respondent.

DECISION ON STIPULATION 1

On July 24, 2018, Marian J. Zielinski and Mathew E. Zielinski, as legal representatives,

and parents of minor child, E.E.Z., (“petitioners”), filed a petition in the National Vaccine Injury

Compensation Program. 2 Petition (ECF No. 1). Petitioners alleged that as a result of E.E.Z.

receiving the measles, mumps, and rubella (“MMR”) and varic ella vaccinations on August 29,

2017, suffered from juvenile dermatomyositis (“JDM”). Id. at Preamble.

On April 26, 202 2 , respondent filed a stipulation providing that a decision should be

entered awarding compensation to petition. Stipulation (ECF N o. 70). Respondent denies that

E.E.Z.’s alleged injury was caused by the MMR and varicella vaccines. Id. at ¶ 6. Maintaining

their respective positions, the parties nevertheless now agree that the issues between them shall

1 P ursuant to the E

- Government Act of 2002, see 44 U.S.C. § 3501 note (2012), b ecause this opinion contains a

reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of

Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7

. This means the

opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s

website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party:

(1) that is a trade secret or commerci al 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). “An objecting party must provide the court with a proposed redacted version of the

decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the

court’s website without any changes. Id.

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine

Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended, 42 U.S .C. §§ 300aa

- 1 to

- 34 (2012)

(Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. §

300aa.2

be settled and that a decision should be entered awarding compensation to petitioner according to

the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7.

The stipulation awards:

1) A lump sum of $237,655.90, in the form of a check payable to petitioners as

guardians/ conservators of E.E.Z.’s estate; and,

2) A lump sum of $12,344.10, which amount represents compensation for

unreimbursable expenses, in the form of a check payable to petitioners, Marian

J. and Mathew E. Zielinski.

These amounts represent compensation for all damages that would be available under 42

U.S.C. § 300aa

- 15(a).

I adopt the parties’ stipulation attached hereto, and award compensation in the amount

and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in

accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED.

s/Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek revie w. Vaccine Rule

11(a).