E. S. v. HHS - MMR, idiopathic thrombocytopenic purpura (ITP) (2016)

Filed 2015-10-20Decided 2016-09-26Vaccine MMR
compensated$47,613

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 September 26, 2016.

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