James Bojan v. HHS - DTaP, idiopathic thrombocytopenic purpura (ITP) (2016)
Case summary [AI summaries can sometimes make mistakes]
On January 29, 2015, James Bojan filed a petition on behalf of his minor child, J.D.B., under the National Vaccine Injury Compensation Program. The petition alleged that a diphtheria-tetanus-acellular pertussis (DTaP) vaccination administered on January 27, 2012, either caused or significantly aggravated J.D.B.'s idiopathic thrombocytopenic purpura (ITP).
The respondent, the Secretary of Health and Human Services, denied that the DTaP immunization caused or aggravated J.D.B.'s condition or any other injury. The parties reached a settlement agreement, which was filed on July 13, 2016.
As part of the settlement, the respondent agreed to issue a lump sum payment of $110,000.00, payable to James Bojan as guardian/conservator of the estate of J.D.B., for the benefit of J.D.B. This payment represents compensation for all damages available under the program.
Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded the compensation. The decision does not describe the specific onset of symptoms, clinical details of J.D.B.'s condition, diagnostic tests, treatments, or the specific mechanism by which the vaccine allegedly caused or aggravated the ITP.
Petitioner's counsel was Mark L. Krueger of Krueger & Hernandez, S.C., and respondent's counsel was Glenn MacLeod of the U.S.
Department of Justice.
Theory of causation
Petitioner alleged that a DTaP vaccination on January 27, 2012, caused or significantly aggravated J.D.B.'s idiopathic thrombocytopenic purpura (ITP). Respondent denied this allegation. The parties reached a settlement, agreeing to compensation. The public decision does not detail the specific theory of causation, medical experts, clinical evidence, or the mechanism linking the DTaP vaccine to ITP. The settlement resulted in an award of $110,000.00. Special Master Mindy Michaels Roth adopted the stipulation. The decision was issued on July 13, 2016. Petitioner's counsel was Mark L. Krueger, and respondent's counsel was Glenn MacLeod.
Source PDFs
USCOURTS-cofc-1_15-vv-00091