R.W. v. HHS - DTaP, Immune Thrombocytopenia Purpura (ITP) (2021)

Richard and Tiffani Watts, parents of R.W., a minor, filed a petition on August 1, 2019, seeking compensation under the National Vaccine Injury Compensation Program. They alleged that their son, R.W., suffered from Immune Thrombocytopenia Purpura (ITP) as a result of one or more of the DTaP, Hepatitis A, or influenza vaccines he received on February 7, 2017.

The respondent, the Secretary of Health and Human Services, denied that the vaccines caused R.W.'s ITP or any other injury. Despite maintaining their positions, both parties agreed to settle the case through a joint stipulation filed on January 13, 2021.

Special Master Katherine E. Oler reviewed the file and found the stipulation to be reasonable, adopting it as the decision for awarding damages.

Pursuant to the stipulation, R.W. will receive compensation in the form of an annuity contract. The annuity contract requires the Life Insurance Company to meet specific capital and surplus requirements and to have certain ratings from recognized rating organizations.

The agreed-upon lump sum payments to be made to R.W. are $34,337.83 on June 15, 2036, $37,041.98 on June 15, 2039, and $40,029.46 on June 15, 2042. The stipulation also states that should R.W. predecease any of these payment dates, any remaining lump sum payments shall be made to his estate, with written notice to be provided within twenty days of R.W.'s death.

The total stipulated award amounts to $107,398.79. The decision was entered on January 13, 2021.

Petitioner's counsel was Edward Kraus of the Law Offices of Chicago-Kent College of Law, and respondent's counsel was Kimberly S. Davey of the U.S.

Department of Justice.