VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00210
Package ID: USCOURTS-cofc-1_11-vv-00210
Petitioner: K.A.
Filed: 2011-04-04
Decided: 2016-03-15
Vaccine: hepatitis A, MMRV, pneumococcal conjugate (PCV)
Vaccination date: 2008-05-05
Condition: Hemolytic Uremic Syndrome (aHUS)
Outcome: compensated
Award amount USD: 396905.98

AI-assisted case summary:
On April 4, 2011, Trent Alvarez and Jamie Alexander, as the legal representatives of their minor daughter, K.A., filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that K.A. developed atypical hemolytic uremic syndrome (aHUS) after receiving the Hepatitis A, measles-mumps-rubella-varicella (MMRV), and pneumococcal conjugate (PCV) vaccines on May 5, 2008. Respondent denied that these vaccines caused K.A.'s alleged aHUS or any other injury. However, on March 14, 2016, the parties filed a joint stipulation for damages, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the court's decision on March 15, 2016. The award included a lump sum of $371,152.93 payable to Trent Alvarez and Jamie Alexander as guardians/conservators of K.A.'s estate for K.A.'s benefit. This amount comprised $9,152.93 for first-year life care expenses and $362,000.00 for combined lost and future earnings and pain and suffering. Additionally, a lump sum of $23,000.00 was awarded to the petitioners for past unreimbursable expenses. The decision also included a lump sum of $2,537.25 payable jointly to petitioners and the Oregon Department of Human Services for a lien, and $215.80 payable jointly to petitioners and the California Department of Health Services for a lien. The stipulation also provided for an amount sufficient to purchase an annuity contract, the purchase price and payment schedule of which were not stated in the public decision. The total of the stated lump-sum components was $396,905.98. Petitioners were represented by Curtis R. Webb, and respondent was represented by Glenn MacLeod. The public decision does not describe K.A.'s onset of symptoms, specific medical tests, treatments, or the mechanism of injury.

Theory of causation field:
Petitioners alleged that minor K.A. developed atypical hemolytic uremic syndrome (aHUS) following vaccination with Hepatitis A, MMRV, and pneumococcal conjugate (PCV) vaccines on May 5, 2008. Respondent denied vaccine causation. The case was compensated via joint stipulation on damages. The award included $371,152.93 for K.A.'s benefit (first-year life care expenses and lost/future earnings/pain and suffering), $23,000 for past unreimbursable expenses, $2,537.25 for an Oregon DHS lien, and $215.80 for a California DHS lien, plus an amount for an annuity contract not specified in the public decision. The total lump-sum components amounted to $396,905.98. Chief Special Master Nora Beth Dorsey issued the decision on March 15, 2016. Petitioners' attorney was Curtis R. Webb, and respondent's attorney was Glenn MacLeod. The public decision does not detail the specific medical mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement to compensate.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00210-0
Date issued/filed: 2016-04-06
Pages: 15
Docket text: PUBLIC DECISION (Originally filed: 03/15/2016) regarding 144 DECISION Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties.
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Case 1:11-vv-00210-UNJ Document 148 Filed 04/06/16 Page 1 of 15
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: March 15, 2016
* * * * * * * * * * * * * * *
TRENT ALVAREZ and JAMIE * No. 11-210V
ALEXANDER, as the legal representatives *
of their minor daughter, K.A., * UNPUBLISHED
*
Petitioners, * Chief Special Master Dorsey
*
v. * Joint Stipulation on Damages;
* Hepatitis A Vaccine; MMR Vaccine;
SECRETARY OF HEALTH * Pneumococcal Vaccine; Hemolytic
AND HUMAN SERVICES, * Uremic Syndrome (“aHUS”)
*
Respondent. *
* * * * * * * * * * * * * * *
Curtis R. Webb, Twin Falls, ID, for petitioners.
Glenn MacLeod, U.S. Department of Justice, Washington, D.C., for respondent.
DECISION1
On April 4, 2011, Trent Alvarez and Jamie Alexander (“petitioners”) filed a petition for
compensation in the National Vaccine Injury Compensation Program on behalf of their minor
child, K.A. 2 Petitioners allege that K.A. developed Hemolytic Uremic Syndrome (“aHUS”) as a
result of receiving the Hepatitis A (“Hep A”), the measles-mumps-rubella-varicella (“MMRV”),
and the pneumococcal conjugate (“PCV”) vaccines on May 5, 2008. Petition at ¶¶ 2-3.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note
(2012)(Federal Management and Promotion of Electronic Government Services). As provided
by Vaccine Rule 18(b), each party has 14 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).
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.
1

Case 1:11-vv-00210-UNJ Document 148 Filed 04/06/16 Page 2 of 15
On March 14, 2016, the parties filed a stipulation in which they stated that a decision
should be entered awarding compensation. Respondent denies that the Hep A, MMRV, or the
PCV vaccines caused K.A.’s alleged aHUS or any other injury. Nevertheless, the parties agree
to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation
reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth
therein.
The parties stipulate that petitioners shall receive the following compensation:
a. A lump sum in the amount of $371,152.93, which amount represents compensation
for first year life care expenses ($9,152.93) and compensation for combined lost and
future earnings and pain and suffering ($362,000.00), in the form of a check
payable to petitioners, Trent Alvarez and Jamie Alexander, as
guardians/conservators of K.A.’s estate, and for the benefit of K.A.
b. A lump sum in the amount of $23,000.00, which amount represents compensation
for past unreimbursable expenses, in the form of a check payable to petitioners,
Trent Alvarez and Jamie Alexander.
c. A lump sum in the amount of $2,537.25, which amount represents reimbursement
for a lien for services provided to K.A., in the form of a check payable jointly to
petitioners, Trent Alvarez and Jamie Alexander, and
The Department of Human Services
Personal Injury Liens Unit
P.O. Box 14512
Salem, OR 97309
Client ID: VC701B7V
Attn: Susie Smith-Taylor
Petitioners agree to endorse this payment to the State of Oregon.
d. A lump sum of $215.80, which amount represents reimbursement of a lien for
services provided to K.A., in the form of a check payable jointly to petitioners and
The Department of Health Services
Recovery Branch – MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
DHCS Account No.: C97389528E-VAC03
Petitioners agree to endorse this payment to the State of California.
e. An amount sufficient to purchase the annuity contract described in paragraph
10 of the stipulation.
2

Case 1:11-vv-00210-UNJ Document 148 Filed 04/06/16 Page 3 of 15
These amounts represent compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a). Stipulation dated March 14, 2016, (ECF No. 143) at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
3

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