M.F. v. HHS - MMR, immune thrombocytopenic purpura (ITP) (2021)

On May 30, 2018, Sarah and Ryan C. Flores filed a petition on behalf of their minor daughter, M.F., alleging that she suffered from immune thrombocytopenic purpura (ITP) after receiving the measles, mumps, and rubella (MMR) vaccine on June 23, 2016.

M.F. was approximately 14 months old at the time of vaccination. The case proceeded as a Table injury claim.

On February 1, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding M.F. entitled to compensation.

This decision was based on the respondent's concession that the petitioner had satisfied the criteria for ITP as defined by the Vaccine Injury Table and the Qualifications and Aids to Interpretation, and had met the Act's severity requirement. Subsequently, on June 14, 2021, Chief Special Master Corcoran issued a decision awarding damages based on a proffer from the parties.

The award included a lump sum of $1,844.13 for past unreimbursable expenses and up to $40,000.00 for pain and suffering, to be paid via an annuity. The annuity was structured with specific lump sum payments due on April 15, 2033 ($13,061.14), April 15, 2036 ($21,575.90), and April 15, 2038 ($22,822.02), with the final payment adjusted to ensure the total annuity cost did not exceed $40,000.00.

On November 30, 2021, Judge David A. Tapp reviewed the case.

The court affirmed the Chief Special Master's finding that M.F. qualified for compensation due to residual effects of her injury lasting more than six months. However, the court reversed the finding that M.F. underwent 'inpatient hospitalization and surgical intervention.' The total compensation awarded was $41,844.13 ($1,844.13 lump sum plus $40,000 for the annuity).

Petitioner counsel was Diana Lynn Stadelnikas and Jennifer Anne G. Maglio of Maglio Christopher & Toale, PA.

Respondent counsel was Kyle Edward Pozza, Traci R. Patton, Heather L.

Pearlman, C. Salvatore D’Alessio, and Brian M.

Boynton of the U.S. Department of Justice.