VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00741 Package ID: USCOURTS-cofc-1_15-vv-00741 Petitioner: A.N. Filed: 2016-10-20 Decided: 2017-02-13 Vaccine: MMR Vaccination date: 2012-08-02 Condition: Idiopathic Thrombocytopenic Purpura (ITP) Outcome: compensated Award amount USD: AI-assisted case summary: 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 field: 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. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00741-0 Date issued/filed: 2017-02-13 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 10/20/2016) regarding 30 DECISION Stipulation/Proffer, (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00741-UNJ Document 40 Filed 02/13/17 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-741V Filed: October 20, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * CANDICE CHEUNG, as mother and * Natural guardian of minor, A.N., * * Petitioner, * Joint Stipulation on Damages; v. * Measles Mumps Rubella; MMR; * Varicella; Hepatitis A; Polio; SECRETARY OF HEALTH * Idiopathic Thrombocytopenic Purpura; AND HUMAN SERVICES, * ITP; Special Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On July 16, 2016, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that A.N. suffered Idiopathic Thrombocytopenic Purpura (“ITP”) caused by his MMR vaccination received on August 2, 2012, alone or in combination with additional vaccinations for Varicella, Hepatitis A, and Polio administered at the same time. Petition at 1; Stipulation, filed October 20, 2016, at ¶ 4. Petitioner further alleges that A.N. experienced residual effects of this injury for more than six months and that there has been no prior award or settlement of a civil action for damages on behalf of A.N. as a result of his condition. Petition at 3; Stipulation at ¶¶ 4-5. “Respondent denies that the vaccine caused A.N.’s ITP or any other injury. ” Stipulation at ¶ 6. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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, the undersigned agrees that the identified material fits within this definition, the undersigned 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 (2012). Case 1:15-vv-00741-UNJ Document 40 Filed 02/13/17 Page 2 of 9 Nevertheless, on October 20, 2016, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that petitioner shall receive the following compensation: An amount sufficient to purchase the annuity contract described in paragraph 10 of the stipulation. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under 42 U.S.C. § 300aa-15(a). Id. The undersigned approves the requested amount for petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:15-vv-00741-UNJ Document 40 Filed 02/13/17 Page 3 of 9 Case 1:15-vv-00741-UNJ Document 40 Filed 02/13/17 Page 4 of 9 Case 1:15-vv-00741-UNJ Document 40 Filed 02/13/17 Page 5 of 9 Case 1:15-vv-00741-UNJ Document 40 Filed 02/13/17 Page 6 of 9 Case 1:15-vv-00741-UNJ Document 40 Filed 02/13/17 Page 7 of 9 Case 1:15-vv-00741-UNJ Document 40 Filed 02/13/17 Page 8 of 9 Case 1:15-vv-00741-UNJ Document 40 Filed 02/13/17 Page 9 of 9