VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00707 Package ID: USCOURTS-cofc-1_16-vv-00707 Petitioner: A.D. Filed: 2016-06-16 Decided: 2018-10-17 Vaccine: MMR Vaccination date: 2013-06-04 Condition: thrombocytopenic purpura Outcome: compensated Award amount USD: 152950 AI-assisted case summary: A.D., a minor, by and through his parents Kristine and Joseph Davies, filed a petition for compensation under the National Vaccine Injury Compensation Program on June 16, 2016. They alleged that A.D. suffered injuries resulting in thrombocytopenic purpura as a result of measles, mumps, rubella (MMR), diphtheria-tetanus-acellular-pertussis (DTaP), and hepatitis A vaccines administered on June 4, 2013. The respondent, the Secretary of Health and Human Services, denied that these vaccines caused A.D.'s alleged injury or current condition. The public decision does not describe the onset of symptoms, specific clinical details, or any medical experts. Despite the respondent's denial, the parties filed a joint stipulation on damages on July 27, 2018. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The award included a lump sum of $150,000.00 for all items of damages and an additional $2,950.53 for past unreimbursable medical expenses, for a total award of $152,950.53. The decision was entered on October 17, 2018. Petitioner's counsel was William E. Cochran, Jr., and respondent's counsel was Jennifer Leigh Reynaud. Theory of causation field: Petitioners alleged that the MMR, DTaP, and Hepatitis A vaccines administered on June 4, 2013, caused A.D. to suffer from thrombocytopenic purpura. The respondent denied causation. The public decision does not specify the theory of causation, describe the mechanism of injury, or name any medical experts. The case was resolved via a joint stipulation on damages, approved by Chief Special Master Nora Beth Dorsey on October 17, 2018. The award totaled $152,950.53, consisting of a $150,000.00 lump sum for all damages and $2,950.53 for past unreimbursable medical expenses. Petitioner's counsel was William E. Cochran, Jr., and respondent's counsel was Jennifer Leigh Reynaud. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00707-0 Date issued/filed: 2018-10-17 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 07/27/2018) regarding 57 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00707-UNJ Document 61 Filed 10/17/18 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-0707V Filed: July 27, 2018 UNPUBLISHED A.D., a minor, by and through his Special Processing Unit (SPU); Joint Parents KRISTINE DAVIES and Stipulation on Damages; Measles JOSEPH DAVIES, Mumps Rubella (MMR) Vaccine; Tetanus Diphtheria acellular Petitioners, Pertussis (Tdap) Vaccine; Hepatitis A v. Vaccine;Thrombocytopenic Purpura (ITP) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On June 16, 2016, petitioners filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioners allege that A.D., a minor, suffered injuries resulting in thrombocytopenic purpura as a result of measles, mumps, rubella (“MMR”), diphtheria- tetanus-acellular-pertussis (“DTaP”), and hepatitis A vaccines administered on June 4, 2013. Petition at 1; Stipulation, filed July 27, 2018, at ¶ 1. Petitioners further allege that A.D. received these vaccinations in the United States, that neither A.D. nor his parents have ever received compensation or filed a civil action related to his injuries, and that he experienced the residual effects of his injuries for more than six months. Petition at 1-2; Stipulation at ¶¶ 3-5. “Respondent denies that the MMR, DTaP, or Hepatitis A 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:16-vv-00707-UNJ Document 61 Filed 10/17/18 Page 2 of 8 vaccines, alone or in combination, caused A.D.’s alleged injury, any other injury, or his current condition ” Stipulation at ¶ 6. Nevertheless, on July 27, 2018, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: • A lump sum of $150,000.00 in the form of a check payable to petitioners, as guardians/conservators of A.D.’s estate, representing compensation for all items of damages that would be available under 42 U.S.C. § 300aa-15(a); and • A lump sum payment of $2,950.53, in the form of a check payable to petitioners, Kristine and Joseph Davies, for past unreimbursable medical expenses. Stipulation at ¶ 8. The undersigned approves the requested amount for petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:16-vv-00707-UNJ Document 61 Filed 10/17/18 Page 3 of 8 Case 1:16-vv-00707-UNJ Document 61 Filed 10/17/18 Page 4 of 8 Case 1:16-vv-00707-UNJ Document 61 Filed 10/17/18 Page 5 of 8 Case 1:16-vv-00707-UNJ Document 61 Filed 10/17/18 Page 6 of 8 Case 1:16-vv-00707-UNJ Document 61 Filed 10/17/18 Page 7 of 8 Case 1:16-vv-00707-UNJ Document 61 Filed 10/17/18 Page 8 of 8