Dante Guido v. HHS - DTaP, idiopathic thrombocytopenia purpura (ITP) (2020)
Case summary [AI summaries can sometimes make mistakes]
On November 14, 2017, Jason Guido, parent and natural guardian of Dante Guido, filed a petition on behalf of Dante Guido seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that Dante Guido suffered from idiopathic thrombocytopenia purpura (ITP) related to his receipt of the Diphtheria-Tetanus-Acellular Pertussis (DTaP) and meningococcal vaccines (MCV) on January 2, 2014.
The respondent, the Secretary of Health and Human Services, denied that the DTaP and/or MCV immunizations caused Dante Guido's alleged ITP or any other injury. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on August 12, 2020.
Special Master Katherine E. Oler reviewed the file and found the stipulation to be reasonable, adopting it as her decision.
The stipulation awarded Dante Guido a lump sum of $11,000.00, payable by check to Petitioner, as compensation for all damages available under the Vaccine Act. The decision was entered on September 24, 2020.
The public decision does not describe the specific onset of symptoms, clinical details of the ITP, diagnostic tests performed, treatments received, or the specific mechanism by which the vaccines allegedly caused the ITP. No expert witnesses were named in the public decision.
Petitioner was represented by Jeffrey Golvash of Golvash & Epstein, LLC, and Respondent was represented by Camille Collett of the U.S. Department of Justice.
Theory of causation
Petitioner Dante Guido, a minor, received DTaP and meningococcal vaccines on January 2, 2014. The petition alleged that these vaccinations caused idiopathic thrombocytopenia purpura (ITP). The respondent denied causation. The parties reached a settlement via stipulation, and Special Master Katherine E. Oler adopted the stipulation as her decision on September 24, 2020. The stipulation awarded Petitioner a lump sum of $11,000.00. The public decision does not detail the specific theory of causation, the medical mechanism, or name any experts. The case was resolved by stipulation, not by litigation of the causation theory.
Source PDFs
USCOURTS-cofc-1_16-vv-00435