Olesya Milano v. HHS - DTaP, idiopathic thrombocytopenia purpura (ITP) (2018)
Case summary [AI summaries can sometimes make mistakes]
Olesya Milano, as the mother and natural guardian of her minor child, A.M., filed a petition for compensation under the National Vaccine Injury Compensation Program on June 29, 2016. The petition alleged that A.M. suffered idiopathic thrombocytopenia purpura (ITP) as a result of receiving the diphtheria tetanus acellular pertussis (DTaP) and inactivated polio virus (IPV) vaccines on September 23, 2014.
The respondent, the Secretary of Health and Human Services, denied that these vaccines caused A.M.'s injury. Despite the denial, the parties reached a settlement agreement.
The respondent agreed to issue payments, including an amount sufficient to purchase an annuity contract and a lump sum of $14,730.71 to reimburse a State of Louisiana Medicaid lien for services rendered to A.M. These amounts were intended to compensate for all damages available under the program.
Special Master Katherine E. Oler adopted the parties' stipulation and awarded compensation in the agreed-upon amounts and terms.
Judgment was entered accordingly.
Theory of causation
Petitioner alleged that A.M. suffered idiopathic thrombocytopenia purpura (ITP) as a result of receiving the diphtheria tetanus acellular pertussis (DTaP) and inactivated polio virus (IPV) vaccines on September 23, 2014. The respondent denied causation. The parties reached a joint stipulation to settle the case. The respondent agreed to issue payments, including an amount sufficient to purchase an annuity contract and a lump sum of $14,730.71 to reimburse a State of Louisiana Medicaid lien. Special Master Katherine E. Oler adopted the stipulation and awarded compensation. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury, onset, symptoms, tests, or treatments.
Source PDFs
USCOURTS-cofc-1_16-vv-00773