D.P. v. HHS - MMR, thrombocytopenic purpura (2014)
Case summary [AI summaries can sometimes make mistakes]
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 December 15, 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.
Theory of causation
Petitioner D.P., a minor, received a measles-mumps-rubella (MMR) vaccine on August 15, 2011. Petitioner alleged that D.P. suffered from thrombocytopenic purpura as a result of this vaccination. Respondent conceded 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. The Special Master found that D.P. is entitled to compensation for an injury that was caused-in-fact by a covered vaccine, consistent with the "Table" theory. The award was based on a proffer agreed upon by both parties, totaling $50,685.23, consisting of $685.23 for past unreimbursable expenses and $50,000.00 for pain and suffering. The payment was contingent upon petitioner providing documentation of guardianship. Special Master Nora Beth Dorsey issued the entitlement ruling on September 23, 2014, and the damages decision on December 15, 2014. Petitioner counsel included Christina Ciampolillo and Ronald Craig Homer; respondent counsel was Gordon Shemin and Gordon Elliot Shemin.
Source PDFs
USCOURTS-cofc-1_14-vv-00472