R.O. v. HHS - MMRV, immune thrombocytopenia purpura (ITP) (2019)

On February 27, 2019, Kathryn Oaks and Luke Oaks filed a petition on behalf of their minor child, R.O., seeking compensation under the National Vaccine Injury Compensation Program. They alleged that R.O. developed immune thrombocytopenia purpura (ITP) after receiving a measles-mumps-rubella-varicella (MMRV) vaccine on August 15, 2016, and that the injury lasted more than six months.

The case was assigned to the Special Processing Unit. On May 23, 2019, the respondent filed a Rule 4(c) report conceding entitlement, stating that the petitioners met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation.

Chief Special Master Nora Beth Dorsey accepted the respondent's position and the evidence of record, finding petitioners entitled to compensation. Damages were resolved through a proffer by the respondent, which the petitioners accepted.

On August 10, 2020, Chief Special Master Brian H. Corcoran awarded a total of $176,500.00 in compensation.

This included $150,000.00 for pain and suffering, $11,500.00 for past out-of-pocket expenses, and $15,000.00 for future out-of-pocket expenses related to R.O.'s future medical care. The pain and suffering payment was to be made for R.O.'s benefit after petitioners provided documentation establishing a guardian or conservator.

Petitioners were represented by Brenton Aaron Elswick in the entitlement phase and Diana Lynn Stadelnikas in the damages phase, both attorneys with Maglio Christopher & Toale.