VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00392
Package ID: USCOURTS-cofc-1_14-vv-00392
Petitioner: M.N.N.
Filed: 2015-07-08
Decided: 2015-08-04
Vaccine: influenza
Vaccination date: 2013-10-11
Condition: idiopathic thrombocytopenic purpura (ITP)
Outcome: compensated
Award amount USD: 25000

AI-assisted case summary:
Amy and Eric Nesbitt, as parents and legal representatives of their minor child M.N.N., filed a petition on July 8, 2015, alleging that an influenza vaccine administered on October 11, 2013, caused M.N.N. to develop idiopathic thrombocytopenic purpura (ITP) and other injuries. They further alleged that M.N.N. suffered residual effects or complications of the vaccine injury for more than six months. The respondent denied that M.N.N. suffered ITP or any other injury as a result of the vaccination, and denied that M.N.N. experienced the residual effects of this injury for more than six months. Despite these denials, the parties filed a joint stipulation for damages. Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the court. The stipulation awarded M.N.N. $20,240.00 as a lump sum for all items of damages and $4,760.00 as a lump sum for documented unreimbursed expenses, totaling $25,000.00. Judgment was to be entered in accordance with the stipulation, as the parties jointly filed notice renouncing the right to seek review. Petitioner counsel was Richard Moeller of Berenstein, Moore, Hefferman, Moeller & Johnson, L.L.P. Respondent counsel was Julia Wernett McInerny of the United States Department of Justice.

Theory of causation field:
Petitioners alleged that an influenza vaccine administered on October 11, 2013, caused M.N.N. to develop idiopathic thrombocytopenic purpura (ITP) and suffer residual effects for more than six months. Respondent denied the alleged injury and duration. The parties filed a joint stipulation for damages, which was adopted by Special Master Nora Beth Dorsey. The stipulation awarded $20,240.00 for general damages and $4,760.00 for unreimbursed expenses, totaling $25,000.00. The specific theory of causation, medical experts, and mechanism of injury were not detailed in the public decision, as the case was resolved by stipulation. The decision date was August 4, 2015. Petitioner counsel was Richard Moeller and respondent counsel was Julia Wernett McInerny.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00392-0
Date issued/filed: 2015-08-04
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 07/08/2015) regarding 25 DECISION Stipulation/Proffer, Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:14-vv-00392-UNJ Document 30 Filed 08/04/15 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-392V
Filed: July 8, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
AMY M. NESBITT and ERIC L. NESBITT, *
Legal Representatives and Parents of Minor *
Child, M.N.N., *
*
Petitioners, * Special Master Dorsey
*
v. *
*
SECRETARY OF HEALTH * Joint Stipulation on Damages;
AND HUMAN SERVICES, * Influenza (Flu) Vaccine; Idiopathic
* Thrombocytopenia Purpura (ITP).
Respondent. *
*
* * * * * * * * * * * * * * * *
Richard Moeller, Berenstein, Moore, Hefferman, Moeller & Johnson, L.L.P, Sioux City, IA, for
petitioners.
Julia Wernett McInerny, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On May 7, 2015, Amy and Eric Nesbitt, legal representatives and parents of minor child,
M.N.N., (“petitioners”), filed a petition pursuant to the National Vaccine Injury Compensation
Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioners alleged that an influenza (“flu”)
vaccine administered to M.N.N. on October 11, 2013, caused her to develop idiopathic
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, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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 (2006) (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 1:14-vv-00392-UNJ Document 30 Filed 08/04/15 Page 2 of 8
thrombocytopenic purpura (“ITP”), and other injuries as described in the petition. Petition at 1.
Petitioners further alleged that M.N.N. suffered the residual effects or complications of her
vaccine injury for more than six months. Id. at 6. On July 8, 2015, the parties filed a stipulation,
stating that a decision should be entered awarding compensation.
Respondent denies that M.N.N. suffered ITP or any other injury as a result of her October
11, 2013 flu vaccination, and denies that M.N.N. experienced the residual effects of this injury
for more than six months. 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 of $20,240.00, in the form of a check payable to petitioners, as
guardians/conservators of M.N.N.’s estate. This amount represent compensation
for all items of damages that would be available under 42 U.S.C. § 300-aa-
15(a)(1)(A); and,
b. A lump sum of $4,760.00, in the form of a check payable to petitioners for
documented unreimbursed expenses. This amount represents compensation for all
damages that would be available under 42 U.S.C. § 300aa-15(a)(1)(B).
Stipulation ¶ 8.
The undersigned approves the requested amount for petitioners’ 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
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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