1

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20-139V

Filed: May 24, 2021

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

KATELYN UGLIALORO *

on behalf of L.U., a minor, * UNPUBLISHED

*

Petitioner, * Decision on Damages;

* Proffer; Concession; 

* Fistula; Abscess;

v. * Measles-mumps-rubella-varicella

* (“MMRV”). 

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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

James Moyles, Esq., Moyles Muzic Law, Lemoyne, PA, for petitioner.

Mary Holmes, Esq., US Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Roth, Special Master:

On February 10, 2020, Katelyn Uglialoro (“petitioner”) filed a petition for compensation 

under the National Vaccine Injury Compensation Program on behalf of L.U., her minor daughter.

2

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, ECF No. 1. 

1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the 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 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease 

of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa 

(2012).
2

On February 22, 2021, respondent filed a report pursuant to Vaccine Rule 4(c) conceding 

that L.U.’s injury was more likely than not caused by the MMRV vaccination that she received on 

March 25, 2019, and that petitioner is entitled to compensation in this case. Respondent’s Report 

at 1, ECF No. 30. 

On February 25, 2021, I issued a ruling on entitlement finding that petitioner was entitled

to compensation.Ruling on Entitlement, ECF No. 33. 

Respondent filed a proffer on May 24, 2021, agreeing to issue the following payment: 

A lump sum of $168.97, representing past unreimbursable expenses, in the form 

of a check payable to petitioner, Katelyn Uglialoro. 

A lump sum of $911.41, representing compensation for satisfaction of the 

Commonwealth of Pennsylvania lien, in the form of a check jointly payable to 

petitioner and the Commonwealth of Pennsylvania Department of Human 

Services:

Commonwealth of Pennsylvania 

Bureau of Program Integrity

Division of Third Party Liability

Recovery Section

P.O. Box 8486

Harrisburg, PA 17105-8486

ID #: 300 430 771

Attn: Bradley Hill

Future annuity payments of $23,845.94 payable on February 20, 2033, $26,252.63 

payable on February 20, 2036, and $28,569.20 payable on February 20, 2039, 

representing pain and suffering, payable to the life insurance company from 

which the annuity will be purchased. 

These foregoing amounts represent compensation for all damages that would be 

available under § 300aa-15(a).

Proffer, ECF No. 39. 

I adopt the respondent’s proffer attached hereto, and award compensation in the amount 

and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance 

with this decision.3

IT IS SO ORDERED.

s/ Mindy Michaels Roth

Mindy Michaels Roth

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice 

renouncing the right to seek review.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________

)

KATELYN UGLIALORO )

on behalf of L.U., a minor, )

)

Petitioner, )

) No. 20-139V

v. ) Special Master Roth

) ECF

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, )

)

Respondent. )

____________________________________) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On February 22, 20121, respondent filed a Vaccine Rule 4(c) report concluding that L.U. 

suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986, 

as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on February 25, 2021, the Special 

Master issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine 

compensation for L.U.’s injury. Respondent now proffers that petitioner receive an award as 

follows:

II. Items of Compensation and Form of the Award

Based upon the evidence of record, respondent proffers, and the parties recommend, that

compensation be made through a lump sum and future annuity payments as described below, and 

request that the Special Master's decision and the Court's judgment award the following:1

 

1

 Should L.U. die prior to entry of judgment, the parties reserve the right to move the Court 

for appropriate relief. In particular, respondent would oppose any award for future medical 

expenses, future lost earnings, and future pain and suffering.
2

A. Past Unreimbursable Expenses

Evidence supplied by petitioner documents her expenditure of past unreimbursable 

expenses related to L.U.'s vaccine-related injury. Respondent proffers that petitioner should be 

awarded past unreimbursable expenses in the amount of $168.97, in the form of a check payable 

to petitioner. Petitioner agrees. 

B. Medicaid Lien

Respondent proffers that L.U. should be awarded funds to satisfy a Commonwealth of 

Pennsylvania Medicaid lien in the amount of $911.41, which represents full satisfaction of any 

right of subrogation, assignment, claim, lien, or cause of action the Commonwealth of 

Pennsylvania may have against any individual as a result of any Medicaid payments that the 

Commonwealth of Pennsylvania has made to or on behalf of L.U. from the date of her eligibility 

for benefits through the date of judgment in this case as a result of her vaccine-related injury 

suffered on or about March 25, 2019, under Title XIX of the Social Security Act. 

Reimbursement of the Commonwealth of Pennsylvania lien shall be made through a lump sum 

payment of $911.41, representing compensation for satisfaction of the Commonwealth of 

Pennsylvania lien, payable jointly to petitioner and Commonwealth of Pennsylvania Department 

of Human Services, and mailed to:

Commonwealth of Pennsylvania

Bureau of Program Integrity

Division of Third Party Liability

Recovery Section

P.O. Box 8486

Harrisburg, PA 17105-8486

ID #: 300 430 771 

Attn: Bradley Hill
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Petitioner agrees to endorse this payment to Commonwealth of Pennsylvania Department of 

Human Services.

C. Pain and Suffering

For pain and suffering, an amount sufficient to purchase an annuity contract,2 paid to the 

life insurance company3from which the annuity will be purchased,4 subject to the conditions 

described below, that will provide payments to L.U. as set forth below:

1. A certain lump sum of $23,845.94 payable on February 20, 2033.

2. A certain lump sum of $26,252.63 payable on February 20, 2036.

3. A certain lump sum of $28,569.20 payable on February 20, 2039.

Should L.U. predecease any of the certain lump sum payments set forth above, said payments 

shall be made to her estate. Written notice to the Secretary of Health and Human Services and to 

the Life Insurance Company shall be provided within twenty (20) days of L.U.’s death.

 

2

 In respondent’s discretion, respondent may purchase one or more annuity contracts from 

one or more life insurance companies.

 

3

 The Life Insurance Company must have a minimum of $250,000,000 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, Aa1, or Aaa;

c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or

AAA;

d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA,

AA+, or AAA.

 

4

 Petitioner authorizes the disclosure of certain documents filed by the 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.
4

These amounts represent all elements of compensation to which L.U. would be entitled under 42 

U.S.C. § 300aa-15(a). Petitioner agrees.5

II. Summary of Recommended Payments Following Judgment

A. Past Unreimbursble Expenses: $168.97

B. Medicaid lien: $911.41 

C. An amount sufficient to purchase the annuity contract described

above in section II. C.

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Acting Deputy Director

Torts Branch, Civil Division

/s/Mary E. Holmes

MARY E. HOLMES

Trial Attorney

Torts Branch, Civil Division

U. S. Department of Justice

P.O. Box l46, Benjamin Franklin Station

Washington, D.C. 20044-0146

Direct dial: (202) 616-5022

Fax: (202) 616-4310 

DATED: 5/24/2021

 

5

 At the time payment is received, L.U. will be an adult, and thus guardianship is not 

required.