N.B. v. HHS - MMR, idiopathic thrombocytopenic purpura (ITP) (2016)

On January 30, 2013, Bisser and Melanie Borisoff, as parents of N.B., a minor, filed a petition seeking compensation under the National Vaccine Injury Compensation Program. They alleged that N.B. received a measles-mumps-rubella (MMR) vaccine on February 2, 2010, and subsequently developed idiopathic thrombocytopenic purpura (ITP) within the time period specified by the Vaccine Injury Table.

The petition also stated that N.B. experienced residual effects from the ITP for more than six months. In its Rule 4(c) report, the Respondent conceded that the claim was compensable under the Act, agreeing that the facts met the criteria for a presumptively vaccine-related ITP and that the injury continued for six months post-vaccination without unrelated causes.

Based on this concession and a review of the record, Special Master Brian H. Corcoran found entitlement.

The parties subsequently filed a stipulation on November 30, 2015, regarding the compensation amount, which the Special Master found reasonable and adopted. The award included a lump sum of $157,192.60 for first-year life care expenses and pain and suffering, a lump sum of $6,535.99 for past reimbursable expenses, and an additional amount to purchase an annuity contract for future damages.

The total award amounted to $163,728.59. Petitioners were represented by Ronald C.

Homer of Conway, Homer & Chin-Caplan, P.C., and Respondent was represented by Glenn A. MacLeod of the U.S.

Department of Justice.