Jamie Spivak v. HHS - MMR, immune thrombocytopenia purpura (ITP) (2017)

Jamie Spivak, as the parent and natural guardian of a minor child, C.C., filed a petition for compensation under the National Vaccine Injury Compensation Program on March 2, 2017. C.C. received the measles, mumps, and rubella (MMR) vaccine on February 5, 2013, and the varicella vaccine on February 28, 2013.

The petitioner alleged that C.C. was diagnosed with immune thrombocytopenia purpura (ITP) which was caused-in-fact by these vaccines. The petition stated that C.C. received the vaccines in the United States, suffered residual effects of ITP for more than six months, and had not received other compensation for the alleged vaccine injury.

The respondent denied that the varicella or MMR vaccine caused C.C.'s ITP or any other injury. Despite the respondent's denial, the parties filed a joint stipulation for damages on March 2, 2017, 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 Jamie Spivak would receive compensation sufficient to purchase an annuity contract, representing all items of damages available under the Vaccine Act.

The decision directed the clerk of the court to enter judgment in accordance with this decision. Petitioner's counsel was Randall G.

Knutson of Knutson & Casey Law Firm, and respondent's counsel was Althea W. Davis of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the specific mechanism of causation.