C.M.P. v. HHS - Varicella, Idiopathic Thrombocytopenic Purpura (ITP) (2014)

Michael and Kimberly Prater, on behalf of their minor son C.M.P., filed a petition on May 8, 2013, alleging that C.M.P. developed chronic Idiopathic Thrombocytopenic Purpura (ITP) as a result of a varicella vaccine administered on July 16, 2010. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused C.M.P.'s ITP or any other injury.

Despite the denial, the parties filed a joint stipulation for damages, agreeing to an award of compensation. Special Master Thomas L.

Gowen reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation provided for a lump sum of $10,000.00, payable to the petitioners as legal representatives of C.M.P., as compensation for all damages.

Subsequently, on August 26, 2014, the parties filed a stipulation concerning attorneys' fees and costs. They agreed to a total award of $11,046.26, which included $10,885.26 for attorney's fees and $161.00 for costs incurred by the petitioners.

Special Master Gowen granted this request, approving the payment of attorneys' fees and costs. The award was to be made in two checks: one for $10,885.26 jointly payable to the petitioners and their attorney, David P.

Murphy, and another for $161.00 payable to the petitioners only. The final decision date for the damages award was September 8, 2014, and judgment was to be entered in accordance with the terms of the parties' stipulations.