K.W. v. HHS - DTaP, immune thrombocytopenia purpura (ITP) (2022)
Case summary [AI summaries can sometimes make mistakes]
On March 16, 2022, Ashley and Kevin Walls, parents of K.W., a minor, filed a petition seeking compensation under the National Vaccine Injury Compensation Program. They alleged that K.W. developed immune thrombocytopenia purpura (ITP) as a result of the DTaP, Hib, Hepatitis B, and PCV vaccines he received on July 16, 2014.
On June 23, 2020, Special Master Katherine E. Oler issued a Ruling on Entitlement, finding that the vaccinations caused K.W.'s ITP and that he suffered residual effects for more than six months.
The parties subsequently entered into a joint stipulation for damages. Special Master Oler reviewed the file and found the stipulation to be reasonable, adopting it as her decision.
The stipulation awarded K.W. a lump sum of $3,719.10 for past unreimbursable expenses, payable to Petitioners. Additionally, an amount sufficient to purchase an annuity contract was awarded.
This annuity contract includes a lump sum payment of $40,772.11 to be made on March 29, 2031. The total award amounts to $44,491.31.
The parties agreed that the money provided, except for attorneys' fees, litigation costs, and past unreimbursed expenses, would be used solely for K.W.'s benefit. Petitioners represented that they would become duly authorized guardians of K.W.'s estate.
The case was decided by joint stipulation on June 27, 2022, with Special Master Katherine E. Oler issuing the decision.
Ronald C. Homer represented the Petitioner, and Colleen C.
Hartley represented the Respondent.
Theory of causation
Petitioners alleged that K.W. suffered from immune thrombocytopenia purpura (ITP) as a result of the DTaP, Hib, Hepatitis B, and PCV vaccines received on July 16, 2014. A Ruling on Entitlement issued on June 23, 2020, found that the vaccinations caused K.W.'s ITP and that he suffered residual effects for more than six months. The parties entered into a joint stipulation for damages, which was adopted by Special Master Katherine E. Oler on June 27, 2022. The stipulation awarded $3,719.10 for past unreimbursable expenses and an annuity contract with a lump sum payment of $40,772.11 on March 29, 2031, for a total award of $44,491.31. The theory of causation was based on the "Table" as indicated by the provided database fields, and the entitlement ruling confirmed causation. No specific medical experts or detailed mechanism of injury were described in the public decision text. Petitioner counsel was Ronald C. Homer, and Respondent counsel was Colleen C. Hartley.
Source PDFs
USCOURTS-cofc-1_16-vv-00557