Luis Gamardo v. HHS - MMR, immune (or “idiopathic”) thrombocytopenic purpura (“ITP”) (2015)

Filed 2013-10-15Decided 2015-12-17Vaccine MMR
compensated$50,000

Case summary [AI summaries can sometimes make mistakes]

On October 15, 2013, Luis Gamardo filed a petition under the National Vaccine Injury Compensation Program, alleging that a Measles, Mumps, and Rubella (MMR) vaccine administered on November 15, 2010, caused him to develop immune thrombocytopenic purpura (ITP). The respondent, the Secretary of Health and Human Services, denied that the MMR vaccine caused petitioner's ITP or any other injury, and further denied that his current disabilities were a sequela of a vaccine-related injury.

On May 1, 2015, both parties filed a joint stipulation to settle the case. Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.

As per the stipulation, Petitioner Luis Gamardo was awarded a lump sum of $50,000.00, payable to him, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific onset of symptoms, clinical details, diagnostic tests, treatments, or expert witnesses involved in this case.

Ronald Homer of Conway, Homer & Chin-Caplan, P.C. represented the Petitioner, and Glenn MacLeod of the United States Department of Justice represented the Respondent.

Theory of causation

Petitioner Luis Gamardo alleged that the MMR vaccine administered on November 15, 2010, caused him to develop immune (or idiopathic) thrombocytopenic purpura (ITP). The Respondent denied causation. The parties reached a joint stipulation on May 1, 2015, agreeing to a settlement. Special Master Hamilton-Fieldman approved the stipulation, adopting it as the Court's decision. Petitioner was awarded $50,000.00 as compensation for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific medical mechanism, expert testimony, or evidence presented regarding causation, relying instead on the parties' stipulation. Attorneys involved were Ronald Homer for Petitioner and Glenn MacLeod for Respondent.

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