Azusa Nash v. HHS - MMR, immune thrombocytopenic purpura (2022)
Case summary [AI summaries can sometimes make mistakes]
Azusa Nash, as the parent and legal representative of her minor daughter U.C.N., filed a petition for compensation under the National Vaccine Injury Compensation Program on January 20, 2022. The petition alleged that U.C.N. suffered immune thrombocytopenic purpura (ITP) as a result of her Measles Mumps Rubella (MMR) vaccination administered on February 16, 2016.
The petition also stated that U.C.N. received Hepatitis A, Varicella, and Prevnar-13 vaccinations on the same date. The respondent, the Secretary of Health and Human Services, denied that U.C.N. sustained an ITP Table Injury or that any vaccine caused her alleged ITP, and denied that U.C.N.'s current condition was a sequela of a vaccine-related injury.
Despite these denials, the parties filed a joint stipulation on January 18, 2022, agreeing that a decision should be entered awarding compensation. Chief Special Master Brian H.
Corcoran adopted the stipulation as the decision. Pursuant to the stipulation, a lump sum of $30,000.00 was awarded to U.C.N.'s estate, payable to Azusa Nash as guardian/conservator.
This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The award was contingent upon petitioner providing documentation of her appointment as guardian/conservator of U.C.N.'s estate.
The stipulation also noted that the parties would submit to further proceedings for reasonable attorneys' fees and costs. Petitioner was represented by David Alexander Tierney of Rawls Law Group, and the respondent was represented by Colleen Clemons Hartley of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.
Theory of causation
Petitioner Azusa Nash alleged that her minor daughter U.C.N. suffered immune thrombocytopenic purpura (ITP) as a result of her February 16, 2016 Measles Mumps Rubella (MMR) vaccination, which is a condition listed in the Vaccine Injury Table. Petitioner also alleged that U.C.N. experienced residual effects of the condition for more than six months. The respondent denied that U.C.N. sustained an ITP Table injury, that any vaccine caused the alleged ITP, or that the current condition was a sequela of a vaccine-related injury. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $30,000.00 to U.C.N.'s estate, payable to the petitioner as guardian/conservator. The stipulation was entered into despite the respondent's denials, indicating a compromise on liability and damages. The case proceeded as a Table claim. Attorneys for petitioner were David Alexander Tierney and for respondent was Colleen Clemons Hartley. The public text does not detail specific medical experts, the mechanism of injury, or the specific evidence considered beyond the stipulation.
Source PDFs
USCOURTS-cofc-1_18-vv-01640