M.S. v. HHS - MMR, immune thrombocytopenic purpura (ITP) (2020)
Case summary [AI summaries can sometimes make mistakes]
On March 13, 2020, Kimberly Salino and Michael Salino filed a petition seeking compensation on behalf of their minor child, M.S., alleging that M.S. suffered immune thrombocytopenic purpura (ITP) meeting the Vaccine Injury Table definition after receiving a measles, mumps, and rubella (MMR) vaccine on March 17, 2017. The case was assigned to the Special Processing Unit.
On September 23, 2020, the respondent filed a Rule 4(c) report conceding entitlement, stating that the petitioners had satisfied the Vaccine Injury Table and Qualifications and Aids to Interpretation because the onset of M.S.'s ITP occurred within seven to thirty days after the MMR vaccination and there was no alternative cause. Chief Special Master Brian H.
Corcoran accepted the respondent's position and the evidence of record, finding petitioners entitled to compensation. Damages were resolved through a proffer filed by the respondent on January 6, 2023, which the petitioners accepted.
On January 6, 2023, Chief Special Master Corcoran awarded a total of $117,680.80 in compensation. This award included $1,340.40 for past unreimbursable expenses and $1,340.40 for projected future unreimbursable expenses, to be paid as a lump sum.
Additionally, $115,000.00 was awarded to purchase an annuity contract for pain and suffering. The annuity was structured to provide certain lump-sum payments to M.S. on October 23, 2033 ($60,074.60), October 23, 2036 ($69,617.89), and October 23, 2039 ($80,560.69).
The final payment on October 23, 2039, would be adjusted if necessary to ensure the total purchase price of the annuity equaled $115,000.00. Petitioners were represented by Robert Joel Krakow of the Law Office of Robert J.
Krakow, P.C. Respondent's counsel was Ronalda Elnetta Kosh from the U.S.
Department of Justice. The public decision on entitlement was issued on September 23, 2020, and the decision awarding damages was issued on January 6, 2023.
Theory of causation
Petitioners alleged that the MMR vaccine administered on March 17, 2017, caused M.S., a minor child of Kimberly and Michael Salino, to suffer immune thrombocytopenic purpura (ITP) meeting the Vaccine Injury Table definition. Respondent conceded entitlement via a Rule 4(c) report, stating that petitioners satisfied the Table and Qualifications and Aids to Interpretation criteria because the onset of M.S.'s ITP occurred within seven to thirty days after the MMR vaccination and no alternative cause was identified. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on September 23, 2020, finding petitioners entitled to compensation. Damages were resolved through a proffer accepted by petitioners, leading to a Decision Awarding Damages on January 6, 2023. The award totaled $117,680.80, comprising $1,340.40 for past unreimbursable expenses, $1,340.40 for projected future unreimbursable expenses, and $115,000.00 to purchase an annuity for pain and suffering. The annuity includes specific lump-sum payments on October 23, 2033, October 23, 2036, and October 23, 2039, with the final payment adjusted to meet the $115,000.00 purchase price. Petitioners were represented by Robert Joel Krakow, and respondent was represented by Ronalda Elnetta Kosh. The public text does not describe specific medical experts, the mechanism of injury, or detailed clinical symptoms beyond the diagnosis of ITP.
Source PDFs
USCOURTS-cofc-1_20-vv-00289