VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01185 Package ID: USCOURTS-cofc-1_16-vv-01185 Petitioner: Jackson Massey Filed: 2016-09-22 Decided: 2022-03-28 Vaccine: Tdap Vaccination date: Condition: idiopathic thrombocytopenia purpura (ITP) Outcome: compensated Award amount USD: 80000 AI-assisted case summary: Jackson Massey, initially represented by his parents, filed a petition alleging that he suffered from idiopathic thrombocytopenia purpura (ITP) as a result of receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine and a meningococcal conjugate (Menactra) vaccine. The petition was filed on September 22, 2016. Respondent, the Secretary of Health and Human Services, denied that the vaccines caused petitioner's ITP or any other injury. However, the parties reached a stipulation for compensation. During the pendency of the case, Jackson Massey reached the age of majority. The parties agreed to a settlement that includes a lump sum payment of $30,000.00 to the petitioner and an additional $50,000.00 to purchase an annuity contract. This award is intended to compensate for all damages available under the National Vaccine Injury Compensation Program. The Special Master found the stipulation reasonable and adopted it as the decision of the Court, ordering judgment to be entered in accordance with the terms of the stipulation. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01185-0 Date issued/filed: 2022-03-28 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 3/1/2022) regarding 135 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01185-UNJ Document 136 Filed 03/28/22 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: March 1, 2022 * * * * * * * * * * * * * * * * * * * JACKSON MASSEY, * UNPUBLISHED * Petitioner, * No. 16-1185V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; Tetanus- AND HUMAN SERVICES, * Diphtheria-Acellular Pertussis (“Tdap”) * Vaccine; Meningococcal Conjugate Respondent. * (“Menactra”) Vaccine; Idiopathic * Thrombocytopenia Purpura (“ITP”). * * * * * * * * * * * * * * * * * * * Lawrence R. Cohan, Saltz Mongeluzzi & Bendesky, Philadelphia, PA, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. DECISION BASED ON STIPULATION1 On September 22, 2016, Jackson Massey2 (“petitioner”) filed a petition in the National Vaccine Injury Program3 alleging that as the result of a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine and a meningococcal conjugate (“Menactra”) vaccine, he suffered idiopathic thrombocytopenia purpura (“ITP”). Petition at Preamble (ECF No. 1). 1 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is required 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). This means the Decision will be available to anyone with access to the Internet. 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 The petition was originally filed by petitioner’s parents. During pendency of this case, petitioner reached the age of majority. 3 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 Case 1:16-vv-01185-UNJ Document 136 Filed 03/28/22 Page 2 of 9 On March 1, 2022, the parties filed a stipulation recommending an award of compensation to petitioner. Stipulation (ECF No. 134). Respondent denies the vaccines caused petitioner to suffer from ITP or any other injury or his current condition. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that petitioners shall receive the following compensation: (1) A lump sum of $30,000.00 in the form of a check payable to petitioner; (2) An amount of $50,000.00 to purchase the annuity contract described in paragraph 10 of the Stipulation, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”). This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation at ¶ 8. The undersigned approves the requested amount for petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.4 IT IS SO ORDERED. s/Nora B. Dorsey Nora B. Dorsey Special Master 4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:16-vv-01185-UNJ Document 136 Filed 03/28/22 Page 3 of 9 Case 1:16-vv-01185-UNJ Document 136 Filed 03/28/22 Page 4 of 9 Case 1:16-vv-01185-UNJ Document 136 Filed 03/28/22 Page 5 of 9 Case 1:16-vv-01185-UNJ Document 136 Filed 03/28/22 Page 6 of 9 Case 1:16-vv-01185-UNJ Document 136 Filed 03/28/22 Page 7 of 9 Case 1:16-vv-01185-UNJ Document 136 Filed 03/28/22 Page 8 of 9 Case 1:16-vv-01185-UNJ Document 136 Filed 03/28/22 Page 9 of 9