Y.I. v. HHS - MMR, thrombocytopenic purpura (2016)
Case summary [AI summaries can sometimes make mistakes]
Vera and Andrey Ivanchuk, as parents and natural guardians of their minor child Y.I., filed a petition for compensation under the National Vaccine Injury Compensation Program on April 9, 2015. They alleged that Y.I. suffered from thrombocytopenic purpura following vaccinations, including the Measles, Mumps, and Rubella (MMR) vaccine.
The petition stated that Y.I. underwent a bone marrow aspiration and biopsy under anesthesia during a hospitalization, which they alleged constituted a surgical intervention. The case was assigned to the Special Processing Unit.
On September 18, 2015, Chief Special Master Nora Beth Dorsey issued a finding of fact concluding that Y.I. experienced hospitalization and surgical intervention within the meaning of the Vaccine Act. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 18, 2015, recommending compensation.
The respondent agreed that Y.I.'s condition met the diagnostic criteria for thrombocytopenic purpura, noting an initial platelet count of 2,000, which is below the 50,000/mm3 threshold. The respondent also agreed that the onset of Y.I.'s condition occurred within the time period set by the Vaccine Injury Table for thrombocytopenic purpura following MMR vaccination.
While the respondent initially objected to characterizing the bone marrow biopsy as a surgical intervention, they conceded that compensation was appropriate given Chief Special Master Dorsey's prior finding of fact. On November 19, 2015, Chief Special Master Dorsey issued a ruling on entitlement, finding Y.I. entitled to compensation.
Subsequently, on February 4, 2016, the respondent filed a proffer on the award of compensation, which the petitioners agreed to. The decision, issued by Chief Special Master Dorsey, awarded an amount sufficient to purchase an annuity contract to cover all elements of compensation for Y.I. under the Vaccine Act.
The annuity contract is to provide payments beginning December 29, 2026, with $18,218.65 payable annually for four years certain. The public decision does not describe the specific dates of vaccination, the specific dates of onset of symptoms, the specific clinical details of Y.I.'s condition beyond the platelet count, or the specific medical experts consulted.
The attorneys for the petitioner were Jeffrey S. Pop of Jeffrey S.
Pop & Associates, and for the respondent, Christine Mary Becer of the U.S. Department of Justice.
Theory of causation
Petitioners alleged that Y.I. suffered from thrombocytopenic purpura following administration of the Measles, Mumps, and Rubella (MMR) vaccine. The case was assigned to the Special Processing Unit. The respondent conceded that Y.I.'s condition met the diagnostic criteria for thrombocytopenic purpura and that the onset occurred within the time period set by the Vaccine Injury Table for MMR vaccination. Petitioners also alleged that Y.I. underwent a bone marrow aspiration and biopsy under anesthesia, which constituted a surgical intervention. The respondent initially objected to this characterization but agreed compensation was appropriate given a prior finding of fact by Chief Special Master Nora Beth Dorsey. Chief Special Master Dorsey ruled Y.I. entitled to compensation. A subsequent decision by Chief Special Master Dorsey awarded an amount sufficient to purchase an annuity contract, based on a proffer agreed to by both parties. The annuity contract is to provide $18,218.65 annually for four years certain, beginning December 29, 2026. The theory of causation is based on the Vaccine Injury Table for thrombocytopenic purpura following MMR vaccination. The public text does not name specific medical experts or describe the mechanism of injury beyond the table-based presumption. Attorneys for the petitioner were Jeffrey S. Pop and for the respondent, Christine M. Becer. Decision dates were November 19, 2015 (entitlement) and February 4, 2016 (damages award).