Candice Cheung v. HHS - MMR, Idiopathic Thrombocytopenic Purpura (ITP) (2017)

Filed 2016-10-20Decided 2017-02-13Vaccine MMR
compensated

Case summary [AI summaries can sometimes make mistakes]

Candice Cheung, as mother and natural guardian of minor A.N., filed a petition for compensation under the National Vaccine Injury Compensation Program on July 16, 2016. The petition alleged that A.N. suffered Idiopathic Thrombocytopenic Purpura (ITP) caused by an MMR vaccination received on August 2, 2012, possibly in combination with concurrent vaccinations for Varicella, Hepatitis A, and Polio.

Petitioner further alleged that A.N. experienced residual effects of this injury for more than six months and that there had been no prior award or settlement for this condition. The respondent denied that the vaccine caused A.N.'s ITP or any other injury.

Despite the denial, the parties filed a joint stipulation on October 20, 2016, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.

The parties stipulated that petitioner would receive an amount sufficient to purchase an annuity contract, representing compensation for all items of damages available under the Vaccine Act. The court approved the requested compensation and directed the clerk to enter judgment accordingly.

The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. The attorneys involved were Jeffrey S.

Pop for the petitioner and Claudia Barnes Gangi for the respondent.

Theory of causation

Petitioner alleged that A.N. suffered Idiopathic Thrombocytopenic Purpura (ITP) caused by an MMR vaccination received on August 2, 2012, alone or in combination with concurrent vaccinations for Varicella, Hepatitis A, and Polio. Respondent denied causation. The parties filed a joint stipulation agreeing to an award of compensation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Compensation was awarded via a stipulation sufficient to purchase an annuity contract, representing all items of damages available under the Vaccine Act. Chief Special Master Nora Beth Dorsey issued the decision on February 13, 2017, adopting the stipulation. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Claudia Barnes Gangi.

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