Timothy J. Loken v. HHS - Tdap, idiopathic thrombocytopenia purpura (ITP) (2020)

On March 16, 2020, Timothy J. Loken, as the natural guardian and legal representative of his minor daughter G.L., filed a petition seeking compensation under the National Vaccine Injury Compensation Program.

Petitioner alleged that the Tdap vaccine G.L. received on June 10, 2016, caused her to suffer from idiopathic thrombocytopenia purpura (ITP). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused G.L.'s condition or any other injury.

Despite maintaining their respective positions, both parties entered into a stipulation for settlement on March 13, 2020, agreeing that the case could be settled and that compensation should be awarded. Special Master Katherine E.

Oler reviewed the stipulation and found it to be reasonable, adopting it as the decision of the court. Petitioner was awarded a total of $69,189.35.

This amount included a lump sum of $5,000.00 for past unreimbursable expenses, payable to Timothy J. Loken via check.

The remainder of the damages, $64,189.35, was to be paid through an annuity contract for G.L.'s benefit. The Special Master ordered the Secretary of Health and Human Services to purchase an annuity contract from a life insurance company meeting specific financial and rating criteria.

This annuity contract was to provide a lump sum payment to G.L. on August 20, 2027, for all other damages. The Special Master directed the clerk of the court to enter judgment accordingly.

Nancy Routh Meyers of Ward Black Law, P.A. represented the Petitioner, and Traci Patton of the U.S. Department of Justice represented the Respondent.

The decision was issued on April 16, 2020.