V.K. v. HHS - DTaP, juvenile idiopathic arthritis (JIA) and uveitis (2022)
Case summary [AI summaries can sometimes make mistakes]
On August 2, 2018, Yarah Alicea and Nicholas Kontos, as parents and natural guardians of V.K., a minor, filed a petition alleging that the diphtheria, tetanus, and acellular pertussis (DTaP), inactivated polio (IPV), and Varicella vaccines administered on August 13, 2015, caused V.K. to develop juvenile idiopathic arthritis (JIA) and uveitis. The petition stated that V.K. suffered residual effects for more than six months and that there had been no prior award or settlement for these damages.
The respondent, the Secretary of Health and Human Services, denied that the vaccines caused V.K.'s alleged conditions. However, the parties reached a joint stipulation for compensation.
Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
The decision, filed on June 28, 2022, awarded $135,000.00 to purchase an annuity contract, representing compensation for all damages available under the program. The public decision does not describe V.K.'s specific onset of symptoms, clinical course, diagnostic tests, treatments, or the mechanism of causation.
Petitioner counsel was Sylvia Chin-Caplan of the Law Office of Sylvia Chin-Caplan, LLC, and respondent counsel was Cristine Mary Becer of the United States Department of Justice.
Theory of causation
Petitioners alleged that the DTaP, IPV, and Varicella vaccines administered on August 13, 2015, caused V.K. to develop juvenile idiopathic arthritis (JIA) and uveitis, conditions listed on the Vaccine Injury Table, and that V.K. suffered residual effects for more than six months. Respondent denied causation. The parties reached a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccines allegedly caused the injury. The award was $135,000.00 to purchase an annuity contract. The decision was filed on June 28, 2022. Petitioner counsel was Sylvia Chin-Caplan, and respondent counsel was Cristine Mary Becer.
Source PDFs
USCOURTS-cofc-1_18-vv-01136