VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00326 Package ID: USCOURTS-cofc-1_15-vv-00326 Petitioner: M.R. Filed: 2018-04-03 Decided: 2018-04-03 Vaccine: Hepatitis A and influenza Vaccination date: 2013-01-28 Condition: immune thrombocytopenic purpura Outcome: compensated Award amount USD: 90000 AI-assisted case summary: Nicholas Reinking and Hilary Katherine Reinking, as the parents and natural guardians of their minor child M.R., filed a petition on April 3, 2018, alleging that M.R. suffered from immune thrombocytopenic purpura caused by the Hepatitis A and influenza vaccines administered on January 28, 2013. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused M.R.'s condition or any other injury. Despite the respondent's denial, the parties reached a stipulation to resolve the case. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded compensation. The award consisted of a lump sum of $10,000.00 for past unreimbursed vaccine-related expenses and an additional lump sum of $80,000.00 for all remaining damages, totaling $90,000.00. The decision was issued on April 3, 2018. Mark T. Sadaka represented the petitioners, and Christine M. Becer represented the respondent. The public decision does not describe M.R.'s specific symptoms, medical history, diagnostic tests, treatments, or the specific mechanism by which the vaccines allegedly caused the immune thrombocytopenic purpura. No expert witnesses were named in the public decision. Theory of causation field: Petitioners alleged that M.R. suffered from immune thrombocytopenic purpura caused by the Hepatitis A and influenza vaccines received on January 28, 2013. Respondent denied causation. The parties reached a stipulation to resolve the case, and the Special Master adopted the stipulation, awarding $10,000.00 for past unreimbursed expenses and $80,000.00 for all remaining damages, totaling $90,000.00. The public decision does not detail the specific theory of causation, medical experts, or evidence presented regarding the mechanism of injury. The decision was issued by Special Master Laura D. Millman on April 3, 2018. Petitioners' counsel was Mark T. Sadaka, and respondent's counsel was Christine M. Becer. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00326-0 Date issued/filed: 2018-04-30 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 04/03/2018) regarding 45 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:15-vv-00326-UNJ Document 50 Filed 04/30/18 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-326V Filed: April 3, 2018 Not for Publication ************************************* NICHOLAS REINKING and * HILARY KATHERINE REINKING, * as the Parents and Natural Guardians of * M.R., a Minor, * * Damage decision based on Petitioners, * stipulation; Hepatitis A and * influenza vaccines; immune v. * thrombocytopenic purpura * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Mark T. Sadaka, Englewood, NJ, for petitioners. Christine M. Becer, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On April 3, 2018, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioners allege that their daughter, M.R., suffered from immune thrombocytopenic purpura that was caused by her receipt of the Hepatitis A and influenza (“flu”) vaccines on January 28, 2013. Respondent denies that the Hepatitis A and flu vaccines caused M.R. to suffer from immune thrombocytopenic purpura, any other 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document=s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall redact such material from public access. Case 1:15-vv-00326-UNJ Document 50 Filed 04/30/18 Page 2 of 8 injury, or her current condition. Nonetheless, the parties agreed to resolve this matter informally. The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Accordingly, the court awards: a. a lump sum of $10,000.00, representing compensation for past unreimbursed vaccine- related expenses available under 42 U.S.C. § 300aa-15(a)(1)(B). The award shall be in the form of a check made payable to petitioners in the amount of $10,000.00; and b. a lump sum of $80,000.00, representing compensation for all remaining damages available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check made payable to petitioners, as guardians of the estate of M.R., in the amount of $80,000.00. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED. Dated: April 3, 2018 /s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2 CCaassee 11::1155--vvvv--0000332266--UUNNJJ DDooccuummeenntt 4540 FFiilleedd 0044//0330//1188 PPaaggee 13 ooff 68 CCaassee 11::1155--vvvv--0000332266--UUNNJJ DDooccuummeenntt 4540 FFiilleedd 0044//0330//1188 PPaaggee 24 ooff 68 CCaassee 11::1155--vvvv--0000332266--UUNNJJ DDooccuummeenntt 4540 FFiilleedd 0044//0330//1188 PPaaggee 35 ooff 68 CCaassee 11::1155--vvvv--0000332266--UUNNJJ DDooccuummeenntt 4540 FFiilleedd 0044//0330//1188 PPaaggee 46 ooff 68 CCaassee 11::1155--vvvv--0000332266--UUNNJJ DDooccuummeenntt 4540 FFiilleedd 0044//0330//1188 PPaaggee 57 ooff 68 CCaassee 11::1155--vvvv--0000332266--UUNNJJ DDooccuummeenntt 4540 FFiilleedd 0044//0330//1188 PPaaggee 68 ooff 68