D.P. v. HHS - MMR, thrombocytopenic purpura (2014)

On June 4, 2014, Alisa Pittaluga, mother of D.P., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that D.P. suffered from thrombocytopenic purpura as a result of receiving a measles-mumps-rubella (MMR) vaccine on August 15, 2011.

The respondent filed a report on August 29, 2014, conceding that the medical records satisfied the criteria set forth in the Vaccine Injury Table for demonstrating a presumptively vaccine-related thrombocytopenic purpura and that all other legal prerequisites for compensation were met. Special Master Nora Beth Dorsey, in a ruling on entitlement dated September 23, 2014, found that D.P. is entitled to compensation for an injury that was caused-in-fact by a covered vaccine, citing 42 C.F.R. § 100.3(a)(XIV) and Althen v.

Sec’y of Health & Human Servs. A separate damages order was to issue.

Subsequently, on November 24, 2014, the respondent filed a Proffer on Award of Compensation, which petitioner agreed to. In a decision dated November 24, 2014, Special Master Dorsey awarded compensation based on this proffer.

The award consisted of a lump sum of $685.23 payable to Alisa Pittaluga for past unreimbursable expenses and a lump sum of $50,000.00 payable to Alisa Pittaluga as the guardian/conservator of D.P.'s estate for pain and suffering, totaling $50,685.23. The payment of the $50,000.00 was contingent upon Alisa Pittaluga providing documentation of her appointment as guardian/conservator of D.P.'s estate.

Petitioner counsel was Christina Ciampolillo and Ronald Craig Homer of Conway, Homer & Chin-Caplan, P.C. Respondent counsel was Gordon Shemin and Gordon Elliot Shemin of the United States Department of Justice.

The Special Master was Nora Beth Dorsey.