Ivanka Pentcholov v. HHS - Tdap, aplastic anemia (2016)
Case summary [AI summaries can sometimes make mistakes]
On March 4, 2016, Ivanka Pentcholov, as mother and natural guardian of her minor daughter A.P., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that A.P. suffered from aplastic anemia and its related sequelae as a result of receiving the tetanus-diphtheria-acellular pertussis (Tdap) and meningococcal vaccines on August 20, 2012.
The respondent, the Secretary of Health and Human Services, denied that the vaccines caused A.P.'s condition. However, both parties agreed to settle the case through a stipulation.
The stipulation, filed on March 4, 2016, acknowledged that the Tdap and meningococcal vaccines are listed on the Vaccine Injury Table. The parties agreed that a decision should be entered awarding compensation to A.P.
Special Master Brian H. Corcoran reviewed the file and adopted the stipulation as his decision.
The award included an amount sufficient to purchase an annuity contract, which would provide A.P. with a lump sum payment of $101,617.75 on August 11, 2019. The stipulation also stated that the parties would proceed to further proceedings for reasonable attorneys' fees and costs.
The stipulation was considered a full and complete negotiated settlement of liability and damages. The public decision does not describe the specific onset of symptoms, medical tests, or treatments.
Petitioner was represented by Jeffrey S. Pop, and Respondent was represented by Darryl R.
Wishard.
Theory of causation
Petitioner alleged that A.P. suffered aplastic anemia and its related sequelae as a result of receiving the Tdap and meningococcal vaccines on August 20, 2012. The respondent denied causation. The parties stipulated to a settlement, agreeing that the Tdap and meningococcal vaccines are on the Vaccine Injury Table and that a decision awarding compensation should be entered. The Special Master adopted the stipulation. The award included an amount sufficient to purchase an annuity contract providing a lump sum of $101,617.75 to A.P. on August 11, 2019. Attorneys' fees and costs were to be determined in further proceedings. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings. The theory of causation relied on the Vaccine Injury Table. The decision was issued by Special Master Brian H. Corcoran on March 28, 2016. Petitioner's counsel was Jeffrey S. Pop, and Respondent's counsel was Darryl R. Wishard.
Source PDFs
USCOURTS-cofc-1_14-vv-00414