VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01640
Package ID: USCOURTS-cofc-1_18-vv-01640
Petitioner: U.C.N.
Filed: 2022-01-20
Decided: 2022-03-01
Vaccine: MMR
Vaccination date: 2016-02-16
Condition: immune thrombocytopenic purpura
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01640-0
Date issued/filed: 2022-03-01
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 01/20/2022) regarding 55 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01640-UNJ Document 59 Filed 03/01/22 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1640V
UNPUBLISHED
AZUSA NASH, As Parent and Legal Chief Special Master Corcoran
Representative of her Minor Daughter,
U.C.N., Filed: January 20, 2022
Petitioner, Special Processing Unit (SPU); Joint
v. Stipulation on Damages; Measles
Mumps Rubella (MMR) Vaccine;
SECRETARY OF HEALTH AND Thrombocytopenic Purpura (ITP)
HUMAN SERVICES,
Respondent.
David Alexander Tierney, Rawls Law Group (Richmond), Richmond, VA, for Petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON JOINT STIPULATION1
On October 24, 2018, Azusa Nash filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Petitioner alleges 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. Stipulation, filed at January 18, 2022, ¶¶ 1-2; 4; see also
Petition at 1. Petitioner further alleges the vaccine was administered within the United
States, that U.C.N. suffered the residual effects of her injury for more than six months,
and that there has been no prior award or settlement of a civil action on U.CN.’s behalf
as a result of her injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 13-15. “Respondent
denies that U.C.N. sustained an ITP Table Injury; denies that any vaccine caused
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am
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, I agree that the identified material fits within this definition, I will redact such material from
public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:18-vv-01640-UNJ Document 59 Filed 03/01/22 Page 2 of 8
U.C.N.’s alleged ITP, or any other injury; and denies that U.C.N.’s current condition is a
sequelae of a vaccine-related injury.” Stipulation at ¶ 6.
Nevertheless, on January 18, 2022, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $30,000.00 in the form of a check payable to Petitioner as
guardian/conservator of U.C.N.’s estate. Stipulation at ¶ 8. This amount
represents compensation for all items of damages that would be available under
Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed
to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:18-vv-01640-UNJ Document 59 Filed 03/01/22 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
AZUSA NASH, as Parent and Legal )
Representative of her Minor Daughter, )
U.C.N., )
Petitioner, ) No. 18-1640V
) Chief Special Master Corcoran
v. ) ECF
)
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. Azusa Nash, on behalf of U.C.N., a minor child, petitioner, 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 related
to U.C.N.'s receipt of the Measles, Mumps, and Rubella ("MMR") vaccine, which vaccine is
contained in the Vaccine Injury Table (the ·Table"), 42 C.F.R. § 100.3 (a).
2. U.C.N. received the vaccine on or about February 16, 2016.1
3. The vaccinations were administered within the United States.
4. Petitioner alleges that U .C. N. suffered immune thrombocytopenia ("ITP") within the
time period set forth in the Table following the MMR vaccine, or in the alternative, that U.C.N.'s
alleged ITP was caused by the vaccine. Petitioner further alleges that U.C.N. experienced the
residual effects of this condition for more than six months.
1 On the same date, U.C.N. also received the Hepatitis A, Varicella, and Prevnar-13
vaccinations.

Case 1:18-vv-01640-UNJ Document 59 Filed 03/01/22 Page 4 of 8
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on U.C.N.'s behalf as a result of her condition.
6. Respondent denies that U.C.N. sustained an ITP Table injury; denies that any vaccine
caused U.C.N. 's alleged ITP, or any other injury; and denies that U.C.N.'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)(I), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $30,000.00 in the form of a check payable to petitioner as
guardian/conservator of U.C.N. ·s estate, representing compensation for all damages that
would be available under 42 U.S.C. § 300aa-15(a). No payment shall be made until
petitioner provides respondent with documentation establishing that she has been
appointed as guardian/conservator of U. C.N. 's estate.
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)(I), 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.
I 0. 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-l 5(g), including State compensation programs, insurance policies,
2

Case 1:18-vv-01640-UNJ Document 59 Filed 03/01/22 Page 5 of 8
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. Payment made pursuant to paragraph 9 and any amounts awarded pursuant to
paragraph IO 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, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for U.C.N.'s benefit as contemplated by a strict
construction of 42 U.S.C. §§ 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 U .C. N .'s estate under the laws
of the State of Florida. No payments pursuant to this Stipulation shall be made until petitioner
provides the Secretary with documentation establishing her appointment as guardian/conservator
of U .C.N .'s estate. If petitioner is not authorized by a court of competent jurisdiction to serve as
guardian/conservator of U.C.N.'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 paities appointed by a court of competent
jurisdiction to serve as guardian/conservator of the estate of U .C.N. ·s upon submission of written
documentation of such appointment to the Secretary.
14. In return for the payments described in paragraphs 9 and 10, petitioner, in her
individual capacity, and as legal representative of U.C.N.,on behalf of herself, U.C.N.,and
U.C.N.'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
3

Case 1:18-vv-01640-UNJ Document 59 Filed 03/01/22 Page 6 of 8
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 U.C.N. resulting from, or alleged to have resulted
from, the vaccinations administered on or about February 16, 2016, as alleged by petitioner in a
petition for vaccine compensation filed on or about October 24, 2018, in the United States Cou1t
of Federal Claims as petition No. 18-1640V.
15. If U.C.N. 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 Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 10 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.
4

Case 1:18-vv-01640-UNJ Document 59 Filed 03/01/22 Page 7 of 8
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 U.C.N. '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, executors, administrators, successors, and/or assigns as legal representatives of U .C.N.
END OF STIPULATION
5

Case 1:18-vv-01640-UNJ Document 59 Filed 03/01/22 Page 8 of 8
PETITIONER:
AZUSA NASH, As Parent and Legal
Representative of her Minor Daughter,
U.C.N.
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
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DAVID A. TIERNEY, ESQ. HEATHERL.PEARLMAN
Rawls Law Group Deputy Director
211 Rocketts Way Torts Branch
Suite 100 Civil Division
Richmond, VA 23231 U.S. Department of Justice
Tel: (804) 622-0675 P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR
THE SECRETARY OF HEALTH AND RESPONDENT:
HUMAN SERVICES:
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CDR GEORGE REED GRIMES, MD, MP COLLEEN C. HARTLEY
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08N 146B Tel: 202-616-3644
Rockville, MD 20857 Email: colleen.hartley@usdoj.gov
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Dated: Q L
6