K.F. v. HHS - Varicella, Immune Thrombocytopenia Purpura (ITP) (2014)

On August 5, 2010, Frank and Kim Falcone, as parents and natural guardians of their minor child K.F., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. They alleged that K.F. suffered from Immune Thrombocytopenia Purpura (ITP) as a result of receiving a varicella vaccine and an influenza vaccine on November 4, 2008.

The petition stated that the condition was caused-in-fact by these vaccinations. The respondent denied that the vaccinations caused K.F.'s injury.

However, both parties entered into a stipulation, filed on May 28, 2014, to settle the case. The Special Master, Lisa Hamilton-Fieldman, found the stipulation reasonable and adopted it as the decision of the Court.

The stipulation awarded Petitioners a lump sum of $75,000.00, payable to Petitioners as guardians/conservators of K.F.'s estate, representing all available damages. On June 16, 2014, the parties filed a stipulation for attorneys' fees and costs.

Special Master Hamilton-Fieldman found that the petition was brought in good faith and had a reasonable basis. The parties requested a total payment of $111,523.64 for attorneys' fees and costs.

The Special Master awarded this amount, payable jointly to Petitioners and their counsel, F. John Caldwell, Jr.

The case was settled via stipulation, with the court approving the compensation award and attorneys' fees.