E.H. v. HHS - MMR, idiopathic thrombocytopenia (ITP) (2022)
Case summary [AI summaries can sometimes make mistakes]
On July 21, 2017, Casey Humphreys, on behalf of her minor son E.H., filed a petition alleging that E.H. developed idiopathic thrombocytopenia (ITP) as a result of a measles, mumps, and rubella (MMR) vaccine administered on July 10, 2015. The petition also noted that E.H. received four other vaccines on the same day: Varicella, Hepatitis A, DTaP/Hib/IPV, and pneumococcal conjugate vaccines.
The respondent, the Secretary of Health and Human Services, denied that E.H. sustained a Table injury, that any vaccine caused E.H.'s ITP, or that E.H.'s current condition was a sequela of a vaccine-related injury. Despite these denials, the parties reached a stipulation for settlement.
Under the terms of the stipulation, E.H. was awarded $55,000.00 as a lump sum payment to his estate, contingent upon Casey Humphreys being appointed as guardian/conservator. Additionally, $2,390.59 was awarded to reimburse a Medicaid lien for services rendered to E.H. by the State of Arkansas.
This total award of $57,390.59 represents compensation for all damages available under the National Vaccine Injury Compensation Program. The decision was based on this stipulation, and judgment was to be entered accordingly.
Special Master Nora Beth Dorsey issued the decision on July 5, 2022. Petitioner counsel was Mark T.
Sadaka of the Law Offices of Sadaka Associates, LLC. Respondent counsel was Voris E.
Johnson of the U.S. Department of Justice.
The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the mechanism of injury. The public decision does not name any medical experts.
Theory of causation
Petitioner alleged that E.H. developed idiopathic thrombocytopenia (ITP) following an MMR vaccine administered on July 10, 2015, alleging either a Table injury within the specified time period or that the vaccine caused the ITP. E.H. also received Varicella, Hepatitis A, DTaP/Hib/IPV, and pneumococcal conjugate vaccines on the same date. Respondent denied a Table injury, vaccine causation, or sequelae. The parties stipulated to a settlement. The public text does not detail the specific medical evidence, expert testimony, or the mechanism of causation. The decision was based on a stipulation for settlement, resulting in an award of $55,000.00 to E.H.'s estate and $2,390.59 for a Medicaid lien reimbursement, totaling $57,390.59. The decision was issued by Special Master Nora Beth Dorsey on July 5, 2022. Petitioner counsel was Mark T. Sadaka, and respondent counsel was Voris E. Johnson.
Source PDFs
USCOURTS-cofc-1_17-vv-00983