VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00983
Package ID: USCOURTS-cofc-1_17-vv-00983
Petitioner: E.H.
Filed: 2017-07-21
Decided: 2022-07-05
Vaccine: MMR
Vaccination date: 2015-07-10
Condition: idiopathic thrombocytopenia (ITP)
Outcome: compensated
Award amount USD: 57390

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00983-0
Date issued/filed: 2018-06-07
Pages: 3
Docket text: PUBLIC ORDER (Originally filed: 4/16/2018) Regarding 17 Findings of Fact & Conclusions of Law (Signed by Special Master Brian H. Corcoran). (cr) Service on parties made.
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Case 1:17-vv-00983-UNJ Document 19 Filed 06/07/18 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-983V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
CASEY HUMPHREYS on behalf of, E.H., *
a minor, *
* Filed: April 16, 2018
Petitioner, *
*
v. *
* Table Injury Claim;
SECRETARY OF HEALTH AND * Vaccine Program Entitlement;
HUMAN SERVICES, * Dismissal Without a Hearing.
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for Petitioner.
Voris E. Johnson, U.S. Dep’t of Justice, Washington, DC, for Respondent.
ORDER DISMISSING TABLE INJURY CLAIM FOR INSUFFICENT PROOF1
On July 21, 2017, Casey Humphreys filed a petition on behalf of her minor child, E.H.,
seeking compensation under the National Vaccine Injury Compensation Program (the “Vaccine
Program”).2 ECF No. 1. Petitioner alleged that E.H. experienced a vaccine-induced idiopathic
thrombocytopenia (“ITP”) as a result of receiving a measles-mumps-rubella (“MMR”) vaccination
on July 10, 2015, or alternatively that the vaccine significantly aggravated E.H.’s condition.
Petitioner alleged both a Table Injury and Non-Table Injury claim based on the same factual
circumstances.
1 Although, I have not designated this for publication, because this Order contains a reasoned explanation for my
actions in this case, it will be posted on the United States Court of Federal Claims website, in accordance with the E-
Government Act of 2002, 44 U.S.C. § 3501 (2012). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the
parties may object to the Order’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 Order will be available to the public. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).
Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

Case 1:17-vv-00983-UNJ Document 19 Filed 06/07/18 Page 2 of 3
On January 19, 2018, Respondent filed his Rule 4(c) report disputing that compensation
was appropriate in this case. See Respondent’s Report, filed on Jan. 19, 2018 (ECF No. 12). In that
report, Respondent specifically noted that to qualify for compensation based upon an ITP/MMR
Table injury, Petitioner would need to show that the first manifestation of onset of the condition
occurred “not less than seven days and not more than 30 days” after vaccination, as evidenced by
clinical manifestations. Id. at 5. But, Respondent asserted, the medical record documented that
E.H. presented with purpura symptoms more than 50 days following vaccination. Id.; see Ex. 3
(ECF No. 7-3) at 8; Ex. 9 (ECF No. 15-1) at 2 (affidavit confirming symptom presentation as
roughly two months post-vaccination).
During a status conference in this matter held on February 2, 2018, the parties discussed
the viability of Petitioner’s Table Claim based upon the requirements noted above. I instructed
Petitioner to file a brief in support of her Table Claim, responding to Respondent’s noted
deficiencies by March 2, 2018. On March 29, 2018 (after one extension of time), and rather than
filing a brief, Petitioner filed a status report indicating that she no longer wished to pursue a Table
Claim in this matter given the lack of support for such a claim in the medical record. See Status
Report, filed on Mar. 29, 2018 (ECF No. 16). She otherwise requested that she be allowed to
continue with her claim by filing an expert opinion in this case, supporting her Non-Table Injury
claim. Id.
To receive compensation under the Vaccine Program, a petitioner must prove either (1)
that she suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table –
corresponding to one of his vaccinations, or (2) that he suffered an injury that was actually caused
by a vaccine. See Sections 13(a)(1)(A) and 11(c)(1). An examination of the record, however, does
not uncover any evidence that supports the conclusion that E.H. suffered a “Table Injury” based
upon undisputed facts. Under the Vaccine Act, a petitioner may not be given a Vaccine Program
award based solely on his claims alone. In this case, there is insufficient evidence in the record for
Petitioner to meet her burden of proof with regard to the Table Injury claim. Petitioner’s Table
Injury claim therefore cannot succeed and must be dismissed.
Moving forward, Petitioner shall file an expert report in support of her Non-Table Injury
claim on or before July 31, 2018.
Accordingly, Petitioner’s Table Injury claim is dismissed for insufficient proof.
IT IS SO ORDERED.
2

Case 1:17-vv-00983-UNJ Document 19 Filed 06/07/18 Page 3 of 3
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00983-1
Date issued/filed: 2022-08-01
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 7/5/2022) regarding 101 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mca) Service on parties made.
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Case 1:17-vv-00983-UNJ Document 102 Filed 08/01/22 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: July 5, 2022
* * * * * * * * * * * * * * *
CASEY HUMPHREYS, on behalf of *
E.H., a minor, * UNPUBLISHED
*
Petitioner, * No. 17-983V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation;
AND HUMAN SERVICES, * Measles, Mumps, and Rubella (“MMR”)
* Vaccine; Idiopathic Thrombocytopenia
Respondent. * (“ITP”).
*
* * * * * * * * * * * * * * *
Mark T. Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ, for Petitioner.
Voris E. Johnson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION BASED ON STIPULATION1
On July 21, 2017, Casey Humphreys (“Petitioner”), on behalf of E.H., a minor, filed a
petition in the National Vaccine Injury Compensation Program.2 Petitioner alleged that as a
result of a measles, mumps, and rubella (“MMR”) vaccine administered on July 10, 2015, E.H.
developed idiopathic thrombocytopenia (“ITP”). Petition at Preamble (ECF No. 1).
On July 1, 2022, the parties filed a stipulation recommending an award of compensation
to Petitioner. Stipulation (ECF No. 99). Respondent denies that E.H. sustained an ITP Table
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 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-1 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. § 300aa.
1

Case 1:17-vv-00983-UNJ Document 102 Filed 08/01/22 Page 2 of 8
injury; denies that any vaccine caused E.H.’s alleged ITP, or any other injury; and denies that
E.H.’s current condition is a sequelae of a vaccine-related injury. Id. at ¶ 6. 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 Petitioner shall receive the following compensation:
(1) A lump sum of $55,000.00 in the form of a check payable to Petitioner, Casey
Humphreys, as guardian/conservator of E.H.’s estate, however, no payment
shall be made until Petitioner provides Respondent with documentation
establishing that she has been appointed as guardian/conservator of E.H.’s
estate; and
(2) A lump sum of $2,390.59,3 representing reimbursement of a Medicaid lien for
services rendered to E.H. by the State of Arkansas, in the form of a check
payable jointly to Petitioner and:
Arkansas Department of Health and Human Services
Division of Medical Services, Third Party Liability Unit
P.O. Box 1437, Slot S-296
Little Rock, AR 72203-1437
Re: Elijah Humphreys, Case No. 202003641
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 Beth Dorsey
Nora Beth Dorsey
Special Master
3 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the State of Arkansas may have against any individual as a result of any
Medicaid payments the State of Arkansas has made to, or on behalf of, E.H. as a result of his
alleged vaccine-related injury, under Title XIX of the Social Security Act, see § 15(g), (h).
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 1:17-vv-00983-UNJ Document 102 Filed 08/01/22 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
CASEY HUMPHREYS, on behalf of )
E.H., a minor, )
)
Petitioner, )
) No. 17-983V (ECF)
v. ) Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
STIPULATION
The parties hereby stipulate to the following matters:
1. Casey Humphreys (“petitioner”), on behalf of her minor son, E.H., filed a petition
for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§§ 300aa-10 to -34 (the “Vaccine Program”). The petition seeks compensation for injuries
allegedly sustained following E.H.’s receipt of a measles-mumps-rubella (“MMR”) vaccine,
which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a).
2. E.H. received the MMR vaccine on July 10, 2015.1
3. The vaccine was administered within the United States.
4. Petitioner alleges that E.H. sustained the first symptom or manifestation of onset
of immune thrombocytopenic purpura (“ITP”) within the time period set forth in the Table for
the MMR vaccine, or alternatively that the MMR vaccine caused-in-fact E.H.’s ITP. Petitioner
1 On the same date, E.H. received Varicella, Hepatitis A, DTaP/Hib/IPV, and
pneumococcal conjugate vaccines.

Case 1:17-vv-00983-UNJ Document 102 Filed 08/01/22 Page 4 of 8
further alleges that E.H. experienced the residual effects of his ITP for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil
action for damages on E.H.’s behalf as a result of his condition.
6. Respondent denies that E.H. sustained an ITP Table injury; denies that any
vaccine caused E.H.’s alleged ITP, or any other injury; and denies that E.H.’s current condition
is a sequelae of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that
the issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent
with the terms of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human
Services will issue the following vaccine compensation payments:
A. A lump sum of $55,000.00 in the form of a check payable to petitioner, Casey
Humphreys, as guardian/conservator of E.H.’s estate, however, no payment shall be made
until petitioner provides respondent with documentation establishing that she has been
appointed as guardian/conservator of E.H.’s estate; and
B. A lump sum of $2,390.59,2 representing reimbursement of a Medicaid lien for
services rendered to E.H. by the State of Arkansas, in the form of a check payable jointly
to petitioner and:
2 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the State of Arkansas may have against any individual as a result of any
Medicaid payments the State of Arkansas has made to, or on behalf of, E.H. as a result of his
alleged vaccine-related injury, under Title XIX of the Social Security Act, see 42 U.S.C. §
300aa-15(g), (h).
2

Case 1:17-vv-00983-UNJ Document 102 Filed 08/01/22 Page 5 of 8
Arkansas Department of Health and Human Services
Division of Medical Services, Third Party Liability Unit
P.O. Box 1437, Slot S-296
Little Rock, AR 72203-1437
Re: Elijah Humphreys, Case No. 202003641
Petitioner agrees to endorse this check to the Arkansas Department of Health and Human
Services, Division of Medical Services.
The amounts above represent compensation for all damages that would be available to petitioner
under 42 U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys’ fees and costs incurred in proceeding
upon this petition.
10. Petitioner and her attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social Security Act
(42 U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis.
11. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any
award for attorneys’ fees and litigation costs, the money provided pursuant to this Stipulation
will be used solely for the benefit of E.H., as contemplated by a strict construction of 42 U.S.C. §
3

Case 1:17-vv-00983-UNJ Document 102 Filed 08/01/22 Page 6 of 8
300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h).
13. Petitioner represents that she presently is, or within 90 days of the date of
judgment will become, duly authorized to serve as guardian/conservator of E.H.’s estate under
the laws of the State of Arkansas. No payments pursuant to this Stipulation shall be made until
petitioner provides the Secretary with documentation establishing her appointment as
guardian/conservator of E.H.’s estate. If petitioner is not authorized by a court of competent
jurisdiction to serve as guardian/conservator of E.H.’s estate at the time a payment pursuant to
this Stipulation is to be made, any such payment shall be paid to the party or parties appointed by
a court of competent jurisdiction to serve as guardian/conservator of the estate of E.H. upon
submission of written documentation of such appointment to the Secretary.
14. In return for the payments described in paragraphs 8 and 9 of this Stipulation,
petitioner, in her individual capacity, and as legal representative of E.H., on behalf of herself,
E.H., and E.H.’s heirs, executors, administrators, successors or assigns, does forever irrevocably
and unconditionally release, acquit and discharge the United States and the Secretary of Health
and Human Services from any and all actions or causes of action (including agreements,
judgments, claims, damages, loss of services, expenses and all demands of whatever kind or
nature) that have been brought, could have been brought, or could be timely brought in the Court
of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. §
300aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown,
suspected or unsuspected personal injuries to or death of E.H.. resulting from, or alleged to have
resulted from, the vaccinations administered to E.H. on or about July 10, 2015, as alleged by
petitioner in a petition for vaccine compensation filed on or about July 21, 2017, in the United
States Court of Federal Claims as petition No. 17-983V.
4

Case 1:17-vv-00983-UNJ Document 102 Filed 08/01/22 Page 7 of 8
15. If E.H. should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
16. If the special master fails to issue a decision in complete conformity with the
terms of this Stipulation, or if the Court of Federal Claims fails to enter judgment in conformity
with a decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
17. This Stipulation expresses a full and complete negotiated settlement of liability
and damages claimed under the National Vaccine Injury Act of 1986, as amended, except as
otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
18. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the any vaccine caused E.H.’s alleged ITP injury,
or any other injury or condition.
19. All rights and obligations of petitioner hereunder shall apply equally to
petitioner’s heirs, successors and/or assigns as legal representatives of E.H.
END OF STIPULATION
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Case 1:17-vv-00983-UNJ Document 102 Filed 08/01/22 Page 8 of 8