Heather Wright v. HHS - MMR, immune thrombocytopenic purpura (ITP) (2020)
Case summary [AI summaries can sometimes make mistakes]
Heather Wright, as mother and natural guardian of minor child B.W., filed a petition on April 21, 2016, seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that the measles-mumps-rubella (MMR) vaccine B.W. received on March 28, 2014, caused him to develop immune thrombocytopenic purpura (ITP).
Respondent initially moved to dismiss the claim, arguing that B.W. did not satisfy the statutory prerequisite that the vaccine-related injury or its residual effects lasted for more than six months. The Special Master initially agreed and dismissed the claim.
However, on review, the Court of Federal Claims reversed this decision, finding that the ongoing platelet testing, triggered by symptoms of ITP, constituted residual effects that satisfied the six-month requirement. The case was remanded for further proceedings.
Subsequently, Respondent conceded entitlement. The Special Master then awarded B.W. $25,000.00 for pain and suffering and $4,345.55 to satisfy a Medicaid lien, for a total award of $29,345.55.
The decision does not detail the specific onset of symptoms, diagnostic tests beyond platelet counts, or the specific mechanism of causation beyond the general association of ITP with the MMR vaccine. Petitioner's counsel was Leah V.
Durant, and Respondent's counsel was Traci R. Patton.
Special Master Brian H. Corcoran issued the initial dismissal and the final award decision, while Senior Judge Eric G.
Bruggink issued the opinion reversing the dismissal.