Candace Dempsey v. HHS - MMR, thrombocytopenic purpura (2019)
Case summary [AI summaries can sometimes make mistakes]
Candace Dempsey filed a petition on March 9, 2017, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered from thrombocytopenic purpura as a result of a measles, mumps, and rubella (MMR) vaccine received on March 11, 2014, and that she experienced residual effects of this injury for more than six months.
The respondent denied that the MMR vaccine caused her condition or its residual effects. The parties filed a joint stipulation on July 19, 2019, agreeing to settle the case.
Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding Candace Dempsey a lump sum of $50,000.00 as compensation for all damages. This amount represents compensation for all items of damages available under § 15(a) of the Vaccine Act.
The decision was issued on October 22, 2019. Petitioner was represented by Rachel Elizabeth Gusman of Graves, McLain, PLLC, and respondent was represented by Heather Lynn Pearlman of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted by either party.
The stipulation states that the award may reflect a compromise of the parties' respective positions as to liability and/or amount of damages.
Theory of causation
Petitioner Candace Dempsey received an MMR vaccine on March 11, 2014, and alleged she suffered from thrombocytopenic purpura (ITP) with residual effects lasting more than six months. The respondent denied causation. The case was settled via joint stipulation, with the parties agreeing to an award of $50,000.00. The stipulation was adopted by Chief Special Master Nora Beth Dorsey on October 22, 2019. The theory of causation is based on the Vaccine Injury Table (Table), as the MMR vaccine is listed in the Table for ITP. The public decision does not detail specific medical experts, clinical findings, or the mechanism of injury beyond the Table presumption. Petitioner was represented by Rachel Elizabeth Gusman, and respondent by Heather Lynn Pearlman.
Source PDFs
USCOURTS-cofc-1_17-vv-00324