VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00892 Package ID: USCOURTS-cofc-1_17-vv-00892 Petitioner: H.F. Filed: 2017-06-29 Decided: 2019-06-28 Vaccine: MMR, IPV, and MCV Vaccination date: 2015-02-13 Condition: idiopathic thrombocytopenia purpura (ITP) Outcome: compensated Award amount USD: 75000 AI-assisted case summary: Barbara and Scott Fantell, as parents and natural guardians of their minor child H.F., filed a petition for compensation under the National Vaccine Injury Compensation Program on June 29, 2017. They alleged that H.F. developed idiopathic thrombocytopenia purpura (ITP) after receiving measles-mumps-rubella (MMR), inactivated poliovirus (IPV), and meningococcal (MCV) vaccinations on or about February 13, 2015. The respondent, the Secretary of Health and Human Services, denied that these immunizations caused H.F.'s injury. Despite the denial, the parties reached a settlement agreement. The respondent agreed to pay a lump sum of $75,000.00 to compensate for all damages. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded the compensation. The decision was issued on June 28, 2019. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation. Petitioner counsel was Jeffrey Pop, Esq., and respondent counsel was Daniel Anthony Principato, Esq. Theory of causation field: Petitioners alleged that H.F. developed idiopathic thrombocytopenia purpura (ITP) after receiving MMR, IPV, and MCV vaccinations on or about February 13, 2015. Respondent denied causation. The parties reached a joint stipulation to settle the case. The respondent agreed to pay a lump sum of $75,000.00 as compensation for all damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded the compensation on June 28, 2019. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00892-0 Date issued/filed: 2019-06-28 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 6/3/2019) regarding 34 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00892-UNJ Document 38 Filed 06/28/19 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-892V Filed: June 3, 2019 * * * * * * * * * * * * * BARBARA FANTELL, as mother and * UNPUBLISHED natural guardian of minor, H.F., and * SCOTT FANTELL, as father and * natural guardian of minor, H.F., * * Decision on Joint Stipulation; Petitioners, * Idiopathic Thrombocytopenia * Purpura (“ITP”); Measles- v. * mumps-rubella (“MMR”) * Vaccine; Inactivated poliovirus SECRETARY OF HEALTH * (“IPV”) Vaccine; AND HUMAN SERVICES, * Meningococcal (“MCV”) Vaccine * Respondent. * * * * * * * * * * * * * * Jeffrey Pop, Esq., Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Daniel Anthony Principato, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On June 29, 2017, Barbara and Scott Fantell [“petitioners”] filed a petition for compensation under the National Vaccine Injury Compensation Program2 on behalf of their minor child, H.F. Petitioners allege that H.F. developed idiopathic thrombocytopenia purpura (“ITP”) after receiving measles-mumps-rubella (“MMR”), inactivated poliovirus (“IPV”), and meningococcal (“MCV”) vaccinations on or about February 13, 2015. Stipulation, filed May 31, 1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107- 347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will be available to anyone with access to the internet. However, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id. 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 1:17-vv-00892-UNJ Document 38 Filed 06/28/19 Page 2 of 8 2019, at ¶¶ 1-4. Respondent denies that any of the aforementioned immunizations caused H.F.’s injury. Stipulation at ¶ 6. Nevertheless, the parties have agreed to settle the case. On May 31, 2019, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment: A lump sum of $75,000.00 in the form of a check payable to petitioners, as guardians/conservators of H.F.’s estate. This amount represents compensation for all damages that would be available under § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2 Case 1:17-vv-00892-UNJ Document 38 Filed 06/28/19 Page 3 of 8 Case 1:17-vv-00892-UNJ Document 38 Filed 06/28/19 Page 4 of 8 Case 1:17-vv-00892-UNJ Document 38 Filed 06/28/19 Page 5 of 8 Case 1:17-vv-00892-UNJ Document 38 Filed 06/28/19 Page 6 of 8 Case 1:17-vv-00892-UNJ Document 38 Filed 06/28/19 Page 7 of 8 Case 1:17-vv-00892-UNJ Document 38 Filed 06/28/19 Page 8 of 8