VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01119 Package ID: USCOURTS-cofc-1_19-vv-01119 Petitioner: R.W. Filed: 2021-01-13 Decided: 2021-03-05 Vaccine: DTaP, Hepatitis A, or influenza Vaccination date: 2017-02-07 Condition: Immune Thrombocytopenia Purpura (ITP) Outcome: compensated Award amount USD: 107398.79 AI-assisted case summary: Richard and Tiffani Watts, parents of R.W., a minor, filed a petition on January 13, 2021, 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 March 5, 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. Theory of causation field: Petitioners alleged that R.W. suffered from Immune Thrombocytopenia Purpura (ITP) as a result of one or more of the DTaP, Hepatitis A, or influenza vaccines received on February 7, 2017. The respondent denied that the vaccines caused R.W.'s ITP or any other injury. The parties reached a settlement via joint stipulation, which was adopted by Special Master Katherine E. Oler. The public decision does not describe the specific theory of causation, medical experts, clinical details of the ITP onset or progression, diagnostic tests, or treatments. The case was resolved by stipulation for compensation in the amount of $107,398.79, structured as an annuity with specific lump sum payments on June 15, 2036, June 15, 2039, and June 15, 2042. Edward Kraus represented the petitioner, and Kimberly S. Davey represented the respondent. The decision date was March 5, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01119-0 Date issued/filed: 2021-03-05 Pages: 10 Docket text: PUBLIC DECISION (Originally filed: 1/13/2021) regarding 29 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01119-UNJ Document 33 Filed 03/05/21 Page 1 of 10 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1119V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * RICHARD WATTS and TIFFANI WATTS, * parents of R.W., a minor, * Filed: January 13, 2021 * Petitioners, * * * Decision by Stipulation; Damages; DTaP v. * Vaccine; Hepatitis A Vaccine; Influenza * Vaccine; Immune Thrombocytopenia SECRETARY OF HEALTH AND * Purpura (“ITP”) * HUMAN SERVICES, * * Respondent * * * * * * * * * * * * * * * * * * * * * * * * * * * * Edward Kraus, Law Offices of Chicago-Kent College of Law, for Petitioner Kimberly S. Davey, U.S. Department of Justice, Washington, DC, for Respondent DECISION ON JOINT STIPULATION1 On August 1, 2019, Richard and Tiffani Watts (“Petitioners”) filed a petition on behalf of their minor son, R.W., seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioners allege their son 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. See Stipulation ¶ 2, 4, dated January 13, 2021 (ECF No. 28); see also Petition. 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the Decision in its present form will be available. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. Case 1:19-vv-01119-UNJ Document 33 Filed 03/05/21 Page 2 of 10 Respondent denies “that [R.W.’s] vaccines caused R.W. to suffer from ITP or any other injury or his current condition.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation filed on January 13, 2021 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. ECF No. 28. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The parties have stipulated that petitioner shall receive compensation in the form of an annuity contract. Stip. ¶ 8. Accordingly, pursuant to 42 U.S.C. § 300aa-15(f)(4), I order respondent to purchase, and take ownership of, an annuity contract,3 as described below: The Life Insurance Company must meet the following criteria: 1. Have a minimum of $250,000,000 of capital and surplus, exclusive of any mandatory security valuation reserve; and 2. have one of the following ratings from two of the following rating organizations: a) A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s; b) Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa; c) Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or AAA; d) Fitch Credit Rating Company, Insurance Company Claims-Paying Ability Rating: AA-, AA, AA+, or AAA. The parties have agreed that the Life Insurance Company will make the following lump sum payments to R.W.: a. $34,337.83 payable in a certain lump sum on June 15, 2036; b. $37,041.98 payable in a certain lump sum on June 15, 2039; and c. $40,029.46 payable in a certain lump sum on June 15, 2042. Stip. ¶ 10. The parties have also stipulated that should R.W. predecease any of the certain lump sum payments set forth above, any remaining certain lump sump payments shall be made to his estate. Written notice to the Secretary of Health and Human Services and to the Life Insurance Company shall be provided within twenty (20) days of R.W.’s death. Id. 3 To satisfy the conditions set forth herein, in respondent’s discretion, respondent may purchase one or more annuity contracts from one or more life insurance companies. Case 1:19-vv-01119-UNJ Document 33 Filed 03/05/21 Page 3 of 10 I approve a Vaccine Program award in the requested amounts set forth above to be made to Petitioners. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith.4 IT IS SO ORDERED. s/ Katherine E. Oler Katherine E. Oler Special Master 4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. Case 1:19-vv-01119-UNJ Document 33 Filed 03/05/21 Page 4 of 10 Case 1:19-vv-01119-UNJ Document 33 Filed 03/05/21 Page 5 of 10 Case 1:19-vv-01119-UNJ Document 33 Filed 03/05/21 Page 6 of 10 Case 1:19-vv-01119-UNJ Document 33 Filed 03/05/21 Page 7 of 10 Case 1:19-vv-01119-UNJ Document 33 Filed 03/05/21 Page 8 of 10 Case 1:19-vv-01119-UNJ Document 33 Filed 03/05/21 Page 9 of 10 Case 1:19-vv-01119-UNJ Document 33 Filed 03/05/21 Page 10 of 10