E. S. v. HHS - MMR, idiopathic thrombocytopenic purpura (ITP) (2016)
Case summary [AI summaries can sometimes make mistakes]
E.S., a minor, by and through her parents, Troy and Brittany Sweatt, filed a petition for vaccine compensation on October 20, 2015. They alleged that the measles-mumps-rubella (MMR) vaccine, received on or about October 30, 2013, caused E.S. to develop idiopathic thrombocytopenic purpura (ITP), and that she experienced residual effects for more than six months.
The petition also noted that E.S. received varicella, diphtheria, tetanus, and pertussis (DTaP), Haemophilus influenza type b (Hib), and influenza vaccines on the same date. The respondent, the Secretary of Health and Human Services, denied that the MMR vaccine caused E.S.'s ITP or any other injury.
Despite this denial, the parties reached a joint stipulation to settle the case, which was approved by Special Master Christian J. Moran.
The stipulation stated that E.S. received the MMR vaccine, which is listed on the Vaccine Injury Table. The respondent denied causation.
The award included a lump sum of $45,000.00 for pain and suffering, payable to Troy and Brittany Sweatt as guardians/conservators of E.S.'s estate, and a separate lump sum of $2,613.00 for reimbursement of out-of-pocket expenses, payable to them in their individual capacity. This compensation covers all damages available under the National Childhood Vaccine Injury Act.
The case was resolved via stipulation, with the court adopting the terms of the agreement as its decision. William E.
Cochran, Jr. represented the petitioner, and Robert P. Coleman, III represented the respondent.
The decision was issued on October 21, 2016.
Theory of causation
Petitioner alleged that the measles-mumps-rubella (MMR) vaccine, received on or about October 30, 2013, caused E.S. to develop idiopathic thrombocytopenic purpura (ITP), with residual effects lasting more than six months. The MMR vaccine is listed on the Vaccine Injury Table. The respondent denied that the MMR vaccine caused E.S.'s ITP. The parties reached a joint stipulation to settle the case. The award included $45,000.00 for pain and suffering and $2,613.00 for out-of-pocket expenses. Special Master Christian J. Moran approved the stipulation. The public decision does not describe the specific medical experts, clinical details of the injury, onset, symptoms, diagnostic tests, treatments, or the precise mechanism of causation. The theory of causation is based on the Vaccine Injury Table.
Source PDFs
USCOURTS-cofc-1_15-vv-01222