J.N.S. v. HHS - MMR, idiopathic thrombocytopenia purpura (ITP) (2016)

Michael Schlaak, on behalf of his minor child J.N.S., filed a petition for compensation under the National Vaccine Injury Compensation Program on August 11, 2014. The petition alleged that J.N.S. suffered from idiopathic thrombocytopenia purpura (ITP) as a result of a measles-mumps-rubella (MMR) vaccination received on July 28, 2011.

Petitioner further alleged that J.N.S. experienced residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that J.N.S. suffered ITP or any other injury as a result of the vaccination and denied that the child experienced residual effects for more than six months.

Despite the respondent's denial, the parties filed a joint stipulation for damages on December 4, 2015. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the Court.

J.N.S. was awarded a lump sum of $75,000.00, payable to petitioner as guardian/conservator of J.N.S.'s estate, representing compensation for all items of damages. Subsequently, on December 16, 2015, the parties filed a stipulation for attorneys' fees and costs.

The court approved an award of $12,574.00 for petitioner's attorneys' fees and $953.64 for petitioner's attorneys' costs, totaling $13,527.64. This total amount was to be paid as a lump sum in the form of a check jointly payable to petitioner and his counsel, Jarrod J.

Papendorf. The total compensation awarded to J.N.S. was $88,527.64.

Petitioner's counsel was Jarrod J. Papendorf of Menn Law Firm, Ltd., and respondent's counsel was Julia Wernett McInerny of the U.S.

Department of Justice. The decision was issued by Chief Special Master Nora Beth Dorsey.