VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00289
Package ID: USCOURTS-cofc-1_20-vv-00289
Petitioner: M.S.
Filed: 2020-03-13
Decided: 2020-09-23
Vaccine: MMR
Vaccination date: 2017-03-17
Condition: immune thrombocytopenic purpura (ITP)
Outcome: compensated
Award amount USD: 117680

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00289-0
Date issued/filed: 2020-10-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/23/2020) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00289-UNJ Document 23 Filed 10/27/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0289V
UNPUBLISHED
KIMBERLY SALINO and MICHAEL Chief Special Master Corcoran
SALINO, parents and natural
guardians of M.S., a minor, Filed: September 23, 2020
Petitioners, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Measles Mumps
SECRETARY OF HEALTH AND Rubella (MMR) Vaccine;
HUMAN SERVICES, Thrombocytopenic Purpura (ITP)
Respondent.
Robert Joel Krakow, Law Office of Robert J. Krakow, P.C. New York, NY, for
petitioners.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On March 13, 2020, Kimberly Salino and Michael Salino filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.2 (the “Vaccine Act”) on behalf of their child, M.S. Petitioners allege
that M.S. suffered immune thrombocytopenic purpura (“ITP”) which meets the Table
definition for ITP after receiving the measles, mumps, and rubella (“MMR”) vaccine on
March 17, 2017. Petition at 1-2. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required
to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act
of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government
Services). This means the ruling will be available to anyone with access to the internet. In accordance
with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information,
the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that
the identified material fits within this definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:20-vv-00289-UNJ Document 23 Filed 10/27/20 Page 2 of 2
On September 23, 2020, Respondent filed his Rule 4(c) report in which he
concedes that Petitioners are entitled to compensation in this case. Respondent’s Rule
4(c) Report at 1. Specifically, Respondent indicates “[i]t is [his] that petitioners have
satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications
and Aids to Interpretation (“QAI”), which afford petitioners a presumption of causation
because the onset of M.S.’s ITP occurred within seven to thirty days after MMR
vaccination and there is not an alternative cause.” Id. at 5-6.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_20-vv-00289-1
Date issued/filed: 2023-02-09
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 01/06/2023) regarding 57 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:20-vv-00289-UNJ Document 61 Filed 02/09/23 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0289V
UNPUBLISHED
KIMBERLY SALINO and MICHAEL Chief Special Master Corcoran
SALINO, parents and natural
guardians of M.S., a minor, Filed: January 6, 2023
Petitioners, Special Processing Unit (SPU);
v. Damages Decision Based on Proffer;
Measles Mumps Rubella (MMR)
SECRETARY OF HEALTH AND Vaccine; Thrombocytopenic Purpura
HUMAN SERVICES, (ITP)
Respondent.
Robert Joel Krakow, Law Office of Robert J. Krakow, P.C. New York, NY, for
Petitioners.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 13, 2020, Kimberly Salino and Michael Salino (“Petitioners”) filed a
petition for compensation under the National Vaccine Injury Compensation Program, 42
U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”) on behalf of their child, M.S., alleging that
M.S. suffered immune thrombocytopenic purpura (“ITP”) which meets the Table definition
for ITP after receiving the measles, mumps, and rubella (“MMR”) vaccine on March 17,
2017. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the Decision will be available to anyone with access to the
internet. In accordance with Vaccine Rule 18(b), Petitioners have 14 days to identify and move to redact
medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.
If, upon review, I agree that the identified material fits within this definition, I will redact such material from
public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all Section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-00289-UNJ Document 61 Filed 02/09/23 Page 2 of 6
On September 23, 2020, a ruling on entitlement was issued, finding Petitioners
entitled to compensation for M.S.’s ITP. On January 6, 2023, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioners should be awarded
compensation in the amount of $1,340.40 for past unreimburseable expenses, $1,340.40
for unreimbursable future expenses, and $115,000.00 to purchase an annuity contract as
described in II.C. for pain and suffering. Proffer at 2-3. In the Proffer, Respondent
represented that Petitioners agree with the proffered award. Id. Based on the record as a
whole, I find that Petitioners are entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award the following:
A. A lump sum in the amount of $2,680.80, representing compensation in
the amounts of $1,340.40 for actual unreimbursable expenses and
$1,340.40 for projected unreimbursable expenses, in the form of a check
payable to Petitioners; and
B. A lump sum of $115,000.00 to purchase the annuity contract described
in Section II.C of the Proffer, representing compensation for pain and
suffering.
These amounts represent compensation for all damages that would be available under
Section 15(a).
The Clerk of Court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:20-vv-00289-UNJ Document 61 Filed 02/09/23 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
KIMBERLY SALINO and MICHEAL )
SALINO, parents and natural guardians )
of M.S., a minor, )
)
Petitioners, )
) No. 20-289V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER OF DAMAGES
I. Procedural History
On March 13, 2020, petitioners filed a petition on behalf of M.S., a minor child, for
compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. § 300aa-1
et seq. (“Vaccine Act” or “Act”). Petitioners allege that M.S. suffers from immune
thrombocytopenia purpura (“ITP”) as a result of a measles, mumps, and rubella (“MMR”)
vaccine administered to M.S. on March 17, 2017. ECF No. 1. On September 23, 2020, the
Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) report concluding
that petitioners have satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and
the Qualifications and Aids to Interpretation (“QAI”), which afford petitioners a presumption
of causation because the onset of M.S.’s ITP occurred within seven to thirty days after MMR
vaccination and there is not an alternative cause. 42 C.F.R. § 100.3(a)(I)(D), (a)(II)(D),
(a)(XVI)(C), (c)(13), and on the same day the Chief Special Master issued a Ruling on
Entitlement finding petitioners entitled to compensation. ECF No 19. 20. 23.

Case 1:20-vv-00289-UNJ Document 61 Filed 02/09/23 Page 4 of 6
II. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers, and the parties recommend,
that compensation be made through lump sum and future annuity payments as described
below, and request that the Chief Special Master’s decision and the Court’s judgment award
the following:1
A. Past Unreimbursable Expenses
Evidence supplied by petitioners documents their expenditure of past unreimbursable
expenses related to M.S.'s vaccine-related injury. Respondent proffers that petitioners should be
awarded past unreimbursable expenses in the amount of $1,340.40, in the form of a check
payable to petitioners. Petitioners agree.
B. Future Unreimbursable Expenses
Evidence supplied by petitioners documents their expenditure of future unreimbursable
expenses related to M.S.'s vaccine-related injury. Respondent proffers that petitioners should be
awarded future unreimbursable expenses in the amount of $1,340.40, in the form of a check
payable to petitioners. Petitioners agree.
C. Pain and Suffering
For past pain and suffering, respondent proposes an amount not to exceed the sum of
$115,000.00 to purchase an annuity contract,2 paid to the life insurance company3 from which
1 Should M.S. die prior to entry of judgment, the parties reserve the right to move the Court for
appropriate relief. In particular, respondent would oppose any award for future medical
expenses, future lost earnings, and future pain and suffering.
2 In respondent’s discretion, respondent may purchase one or more annuity contracts from one
or more life insurance companies.
3 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus,
exclusive of any mandatory security valuation reserve. The Life Insurance Company must have
one of the following ratings from two of the following rating organizations:

Case 1:20-vv-00289-UNJ Document 61 Filed 02/09/23 Page 5 of 6
the annuity will be purchased,4 subject to the conditions described below. The annuity contract
will be owned solely and exclusively by the Secretary of Health and Human Services and will
provide payments to M.S. as set forth below:
1. A certain Lump Sum of $60,074.60 payable on October 23, 2033.
2. A certain Lump Sum of $69,617.89 payable on October 23, 2036.
3. A certain Lump Sum of $80,560.69 payable on October 23, 2039.
The purchase price of the annuity described in this section II.C. shall neither be greater
nor less than $115,000.00. In the event that the cost of the certain annuity payments set forth
above varies from $115,000.00, the certain lump sum payment due on October 23, 2039, listed
above, shall be adjusted to ensure that the total cost of the annuity is neither less than nor greater
than $115,000.00. Should M.S. predecease any of the certain annuity payments set forth above,
said payments shall be made to her 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 M.S.’s
death.
The amounts set forth in sections II.A., II.B. and II.C., supra, represent all elements of
compensation to which M.S. would be entitled under 42 U.S.C. § 300aa-15(a). Petitioners
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.
4 Petitioners authorize the disclosure of certain documents filed by the petitioners in this case
consistent with the Privacy Act and the routine uses described in the National Vaccine Injury
Compensation Program System of Records, No. 09-20-289.

Case 1:20-vv-00289-UNJ Document 61 Filed 02/09/23 Page 6 of 6
agree.5
III. Summary of Recommended Payments Following Judgment
A. A lump sum payment of $1,340.40 for past unreimbursable expenses.
B. A lump sum payment of $1,340.40 for future medical expenses; and
C. An amount of $115,000.00 to purchase the annuity contract described above in
section II.C.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
s/ Ronalda E. Kosh
RONALDA E. KOSH
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4476
Email: ronalda.kosh@usdoj.gov
DATED: January 6, 2023
5 At the time the first annuity payment set forth in section II.C. is received, M.S. will be an adult,
thus guardianship is not required.