VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00487 Package ID: USCOURTS-cofc-1_14-vv-00487 Petitioner: E.F. Filed: 2014-06-06 Decided: 2017-08-31 Vaccine: DTaP Vaccination date: 2012-05-14 Condition: Evan’s Syndrome, thrombocytopenia, Coombs’ positive hemolytic anemia, pancytopenia, and neutropenia Outcome: compensated Award amount USD: 87456 AI-assisted case summary: On June 6, 2014, Kayla Mason filed a petition on behalf of her minor child, E.F., alleging that E.F. developed Evan's Syndrome, thrombocytopenia, Coombs' positive hemolytic anemia, pancytopenia, and neutropenia as a result of receiving DTaP, Hib, IPV, PCV, and Hepatitis B vaccinations on May 14, 2012. The respondent denied that the vaccines caused E.F.'s alleged injuries. The parties subsequently filed a joint stipulation to settle the case. Under the terms of the stipulation, the respondent agreed to issue a payment sufficient to purchase an annuity contract for all damages and a lump sum of $87,455.78 to reimburse a Medicaid lien. The Special Master adopted the stipulation and awarded compensation accordingly. The decision was issued on August 31, 2017. The public decision does not describe the specific onset of symptoms, clinical course, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Mark T. Sadaka, Esq. Respondent counsel was Jennifer L. Reynaud, Esq. Special Master was Mindy Michaels Roth. Theory of causation field: Petitioner alleged that E.F. developed Evan's Syndrome, thrombocytopenia, Coombs' positive hemolytic anemia, pancytopenia, and neutropenia as a result of receiving DTaP, Hib, IPV, PCV, and Hepatitis B vaccinations on May 14, 2012. Respondent denied causation. The parties filed a joint stipulation to settle the case. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The case was settled via stipulation, with an award sufficient to purchase an annuity for damages and a lump sum of $87,455.78 for a Medicaid lien reimbursement. Special Master Mindy Michaels Roth issued the decision on August 31, 2017. Petitioner counsel was Mark T. Sadaka, Esq., and respondent counsel was Jennifer L. Reynaud, Esq. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00487-0 Date issued/filed: 2017-08-31 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 08/04/2017) Regarding 61 DECISION Stipulation/Proffer: Signed by Special Master Mindy Michaels Roth. (jo) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00487-UNJ Document 65 Filed 08/31/17 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-487V Filed: August 4, 2017 * * * * * * * * * * * * * * * KAYLA MASON, on Behalf of * UNPUBLISHED E.F., * * Decision on Joint Stipulation; Petitioner, * Evan’s Syndrome, Thrombocytopenia, v. * Coombs’ Positive hemolytic anemia, * Pancytopenia, and Neutropenia; SECRETARY OF HEALTH * Diphtheria-Tetanus-acellular Pertussis AND HUMAN SERVICES, * (“DTaP”), Haemophilus Influenza Type B * (“Hib”), Inactivated Polio Virus (“IPV”), Respondent. * Pneumococcal Conjugate (“PCV”), and * Hepatitis B (“Hep B”) vaccinations * * * * * * * * * * * * * * * * Mark T. Sadaka, Esq., Mark T. Sadaka, LLC, Englewood, NJ, for petitioner. Jennifer L. Reynaud, Esq., U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On June 6, 2014, Kayla Mason (“Ms. Mason,” or “petitioner”) filed a petition for compensation on behalf of her minor child, E.F., under the National Vaccine Injury Compensation Program.2 Petitioner alleges that E.F. developed Evan’s Syndrome, thrombocytopenia, Coombs’ positive hemolytic anemia, pancytopenia, and neutropenia that was either “caused-in-fact” or, in the alternative, significantly aggravated as a result of receiving the 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims’ website, 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 (2012)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). 1 Case 1:14-vv-00487-UNJ Document 65 Filed 08/31/17 Page 2 of 9 Diphtheria-Tetanus-acellular Pertussis (“DTaP”), Haemophilus Influenza Type B (“Hib”), Inactivated Polio Virus (“IPV”), Pneumococcal Conjugate (“PCV”), and Hepatitis B (“Hep B”) vaccinations on May 14, 2012. See Petition (“Pet.”), ECF No. 1. Respondent denies that the DTaP, Hib, IPV, PCV, and Hep B, alone or in combination caused E.F.’s alleged injuries. See Stipulation at ¶ 6, ECF No. 50. Nevertheless, the parties have agreed to settle the case. On August 4, 2017, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment: a. An amount sufficient to purchase the annuity contract described in paragraph 10 below, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”). This amount represents compensation for all damages that would be available under § 300aa-15(a), except as set forth in paragraph 8.b; and b. A lump sum of $87,455.78, which amount represents reimbursement of a Medicaid lien for services rendered on behalf of E.F., in the form of a check payable jointly to petitioner and Ohio Department of Medicaid Ohio Tort Recovery Unit 350 Worthington Rd., Suite G Westerville, OH 43082 Case Number: 985208 Petitioner agrees to endorse this payment top the State. I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2 Case 1:14-vv-00487-UNJ Document 65 Filed 08/31/17 Page 3 of 9 Case 1:14-vv-00487-UNJ Document 65 Filed 08/31/17 Page 4 of 9 Case 1:14-vv-00487-UNJ Document 65 Filed 08/31/17 Page 5 of 9 Case 1:14-vv-00487-UNJ Document 65 Filed 08/31/17 Page 6 of 9 Case 1:14-vv-00487-UNJ Document 65 Filed 08/31/17 Page 7 of 9 Case 1:14-vv-00487-UNJ Document 65 Filed 08/31/17 Page 8 of 9 Case 1:14-vv-00487-UNJ Document 65 Filed 08/31/17 Page 9 of 9