Carol Constantine v. HHS - MMR, pityriasis lichenoides (2021)

Filed 2018-11-01Decided 2021-12-14Vaccine MMR
compensated$105,500

Case summary [AI summaries can sometimes make mistakes]

Carol Constantine filed a petition on November 1, 2018, alleging that she developed pityriasis lichenoides as a result of receiving a Measles, Mumps, and Rubella (MMR) vaccine on December 1, 2015. The respondent, the Secretary of Health and Human Services, denied that petitioner sustained a dermatological or any other injury as a result of the vaccination.

Despite the denial, the parties filed a stipulation on December 14, 2021, recommending an award of compensation to the petitioner. Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court.

As per the stipulation, Carol Constantine was awarded $105,500.00 in compensation, representing all damages available under 42 U.S.C. § 300aa-15(a). The award was to be paid as a lump sum via check payable to the petitioner.

Judgment was to be entered in accordance with the terms of the stipulation, with an expedited entry due to the parties jointly renouncing the right to seek review. The public decision does not describe the petitioner's counsel, respondent's counsel, the specific onset of symptoms, medical tests, treatments, or any expert testimony.

Theory of causation

Petitioner Carol Constantine alleged that she developed pityriasis lichenoides as a result of an MMR vaccine received on December 1, 2015. The respondent denied causation. The parties filed a stipulation for compensation, which was adopted by Special Master Nora Beth Dorsey. The stipulation recommended an award of $105,500.00 for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury. The outcome was a compensated stipulation.

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