K.P. v. HHS - MMR, immune thrombocytopenia purpura (ITP) (2022)
Case summary [AI summaries can sometimes make mistakes]
Kathleen Puhi and Kawelolani Puhi, on behalf of their minor child K.P., filed a petition on April 30, 2020, alleging that K.P. suffered from immune thrombocytopenia purpura (ITP) after receiving the measles-mumps-rubella (MMR) and meningococcal (MCV) vaccines on July 13, 2018. The respondent, the Secretary of Health and Human Services, denied that the MMR and MCV vaccines caused K.P.'s ITP or any other injury, and denied that K.P.'s current condition was a sequela of a vaccine-related injury.
Despite maintaining their respective positions, the parties reached a stipulation to settle the issues. The stipulation provided for a lump sum of $6,000.00, representing compensation for past unreimbursable expenses, payable to Kathleen Puhi and Kawelolani Puhi.
Additionally, $95,000.00 was allocated to purchase an annuity contract. The total compensation awarded was $101,000.00.
Special Master Thomas L. Gowen issued a decision on the stipulation, and judgment was entered in accordance with its terms.
The public decision does not describe K.P.'s specific symptoms, medical tests, treatments, or any expert witnesses. The attorneys involved were Diana L.
Stadelnikas for the petitioner and Claudia B. Gangi for the respondent.
Theory of causation
Petitioners Kathleen Puhi and Kawelolani Puhi alleged that minor K.P. suffered immune thrombocytopenia purpura (ITP) after receiving the MMR and MCV vaccines on July 13, 2018. The respondent denied causation. The parties reached a stipulation for settlement, resulting in an award of $6,000.00 for past unreimbursable expenses and $95,000.00 to purchase an annuity, totaling $101,000.00. The theory of causation was not detailed in the public decision, but the stipulation indicates an "Off-Table" determination, as it was settled without a finding of specific causation under the Vaccine Injury Table. Special Master Thomas L. Gowen issued the decision on the stipulation on October 27, 2022. Petitioner counsel was Diana L. Stadelnikas, and respondent counsel was Claudia B. Gangi.
Source PDFs
USCOURTS-cofc-1_20-vv-00533