VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00465
Package ID: USCOURTS-cofc-1_12-vv-00465
Petitioner: Tracy Purgason
Filed: 2012-07-25
Decided: 2016-04-21
Vaccine: MMR
Vaccination date: 2011-06-27
Condition: rubella-induced chronic arthritis and Wegener’s granulomatosis
Outcome: compensated
Award amount USD: 225000

AI-assisted case summary:
Tracy Purgason filed a petition on July 25, 2012, alleging that she received a measles-mumps-rubella (MMR) vaccine and a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on June 27, 2011, which caused her to develop rubella-induced chronic arthritis and Wegener's granulomatosis. She further alleged that she experienced residual effects lasting more than six months. The respondent denied that the MMR and Tdap vaccinations caused petitioner's alleged chronic arthritis, Wegener's granulomatosis, or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. On March 30, 2016, the parties filed a joint stipulation to settle the case. Special Master Thomas L. Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $225,000.00, payable to Tracy Purgason, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was posted on the United States Court of Federal Claims website, with parties having 14 days to request redaction of trade secrets, commercial or financial information, or medical files that could constitute an unwarranted invasion of privacy. The clerk of the court was ordered to enter judgment consistent with the stipulation.

Theory of causation field:
Petitioner Tracy Purgason alleged that an MMR and Tdap vaccination received on June 27, 2011, caused rubella-induced chronic arthritis and Wegener's granulomatosis, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for award on March 30, 2016. Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded $225,000.00 as a lump sum. Petitioner's counsel was Mark T. Sadaka of Mark T. Sadaka, LLC. Respondent's counsel was Lisa A. Watts of the United States Department of Justice. The decision date was April 21, 2016.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00465-0
Date issued/filed: 2016-04-21
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/04/2016) regarding 64 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:12-vv-00465-UNJ Document 65 Filed 04/21/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-465V
Filed: April 4, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
TRACY PURGASON, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Measles-Mumps-Rubella (“MMR”);
* Tetanus-Diphtheria-Acellular
SECRETARY OF HEALTH * Pertussis (“Tdap”);
AND HUMAN SERVICES, * Chronic Arthritis; Wegener’s
* Granulomatosis.
Respondent. *
*
* * * * * * * * * * * * * * * *
Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.
Lisa A. Watts, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On July 25, 2012, Tracy Purgason (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged
that as a result of receiving a measles-mumps-rubella (“MMR”) vaccine and a tetanus-diphtheria-
acellular pertussis (“Tdap”) vaccine on June 27, 2011, she developed rubella-induced chronic
arthritis and Wegener’s granulomatosis. Stipulation for Award at ¶ 2, 4, filed Mar. 30, 2016.
Further, petitioner alleged that she experienced residual effects of her injury for more than six
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 1:12-vv-00465-UNJ Document 65 Filed 04/21/16 Page 2 of 7
months. Id. at ¶ 4.
On March 30, 2016, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that the MMR and Tdap vaccinations
caused petitioner’s alleged chronic arthritis and Wegener’s granulomatosis, or any other injury;
and further denies that petitioner’s current disabilities are sequelae of a vaccine-related injury. Id.
at ¶ 6. 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 petitioner shall receive the following compensation:
A lump sum of $225,000.00, in the form of a check payable to petitioner, Tracy
Purgason. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
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 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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