VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00196
Package ID: USCOURTS-cofc-1_15-vv-00196
Petitioner: M.K.
Filed: 2015-07-13
Decided: 2015-08-03
Vaccine: DTaP
Vaccination date: 2013-03-21
Condition: abscesses and scarring at the injection sites
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
On March 2, 2015, Avery Kranz and Alyssa Kranz filed a petition on behalf of their minor child, M.K., seeking compensation under the National Vaccine Injury Compensation Program. They alleged that M.K. suffered abscesses and scarring at the injection sites following vaccinations received on March 21 and August 19, 2013. The vaccines administered included Diphtheria-Tetanus-acellular Pertussis (DTaP), Inactivated Polio Vaccine (IPV), Haemophilus influenzae type B (Hib), Pneumococcal Vaccine (PCV), and Rotavirus vaccine. The petition stated that M.K.'s injuries lasted more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 10, 2015, conceding that M.K. is entitled to compensation for sterile abscesses and resulting scars on his thighs following the vaccinations. The respondent also agreed that M.K. met the statutory requirement of suffering the results of his injuries for more than six months. Based on the respondent's concession and the evidence, Chief Special Master Denise Kathryn Vowell found that M.K. is entitled to compensation. The case was proceeding to determine the award amount. Ronald Homer, Esq., represented the petitioner, and Glenn MacLeod, Esq., represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner alleged that M.K. suffered abscesses and scarring at the injection sites following DTaP, IPV, Hib, PCV, and Rotavirus vaccinations received on March 21 and August 19, 2013, and that these injuries lasted more than six months. Respondent conceded entitlement to compensation for sterile abscesses and resulting scars on the thighs following these vaccinations, and agreed that the statutory duration requirement was met. Chief Special Master Denise Kathryn Vowell found entitlement based on this concession. The theory of causation is based on the Vaccine Injury Table. Petitioner counsel was Ronald Homer, Esq., and respondent counsel was Glenn MacLeod, Esq. The decision date was August 3, 2015. The public text does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award amount, as the case was proceeding to determine compensation.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-00196-0
Date issued/filed: 2015-08-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/13/2015) regarding 15 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00196-UNJ Document 18 Filed 08/03/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0196V
Filed: July 13, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
AVERY KRANZ and ALYSSA KRANZ, *
Parents of M.K., a minor, *
* Ruling on Entitlement; Concession;
Petitioner, * Diphtheria-Tetanus-acellular Pertussis
v. * (“DTaP”) Vaccine; Inactivated Polio
* Vaccine (“IPV”); haemophilus influenzae
SECRETARY OF HEALTH * type B (“Hib”) vaccine; Pneumococcal
AND HUMAN SERVICES, * Vaccine (“PCV”); Rotavirus Vaccine;
* Abscess; Scarring, Injection Site;
Respondent. * Special Processing Unit (“SPU”)
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Esq., Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Glenn MacLeod, Esq., U.S. Department of Justice, Washington, DC for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On March 2, 2015, Avery Kranz and Alyssa Kranz, filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.,2 [the “Vaccine Act” or “Program”] on behalf of their minor child, M.K.
Petitioners allege that M.K. suffered abscesses and scarring at the injection sites
caused by the Diphtheria-Tetanus-acellular Pertussis [“DTaP”] vaccine, inactivated polio
vaccine “[IPV”], haemophilus influenza type B [“Hib”] vaccine, pneumococcal vaccine
[“PCV”], and rotavirus vaccine he received on March 21 and August 19, 2013. Petition
at 1. Petitioners also allege that M.K.’s injuries lasted more than six months. Id., ¶ 32.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to
post it 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 (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to
redact medical or other information, the disclosure of which would constitute an unwarranted invasion of
privacy. If, upon review, I agree that the identified material fits within this definition, I will redact 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 (2006).

Case 1:15-vv-00196-UNJ Document 18 Filed 08/03/15 Page 2 of 2
On July 10, 2015, respondent filed her Rule 4(c) report in which she concedes
“that M.K. is entitled to receive compensation for sterile abscesses and resulting scars
that formed on his right and left thighs following his March 21, 2013 and August 19,
2013 vaccinations.” Respondent’s Rule 4(c) Report at 2. Furthermore, respondent
agrees that “M.K. met the statutory requirements by suffering the results of his injuries
(i.e. scaring) for more than six months.” Id. at 5.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
2