O.C. v. HHS - MMR, idiopathic thrombocytopenic purpura (ITP) (2023)
Case summary [AI summaries can sometimes make mistakes]
Katherine and Jared Cummings, parents of O.C., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program on October 9, 2020. They alleged that O.C. suffered idiopathic thrombocytopenic purpura (ITP) caused by the measles mumps rubella (MMR) vaccine received on March 7, 2019.
The respondent, the Secretary of Health and Human Services, initially disputed causation for several vaccines but later conceded entitlement to compensation for ITP related to the MMR vaccine. This concession followed a ruling on entitlement issued by Chief Special Master Brian H.
Corcoran on June 24, 2022, which found that O.C. suffered an episode of ITP related to the MMR vaccination. The case then proceeded to a damages decision based on a proffer filed by the respondent on January 10, 2023, with the agreement of the petitioners.
Chief Special Master Corcoran issued a decision on February 28, 2023, awarding compensation. The award included an amount not to exceed $35,000.00 to purchase an annuity contract for pain and suffering, with specific lump sum payments scheduled for April 26, 2038, April 26, 2041, and April 26, 2044.
Additionally, a lump sum payment of $11,832.23 was awarded to satisfy a State of Ohio Medicaid lien. The total award was $46,832.23.
Petitioners were represented by Emily Beth Ashe of Anapol Weiss, and respondent was represented by Kyle Edward Pozza of the U.S. Department of Justice.
Theory of causation
Petitioners Katherine and Jared Cummings, on behalf of minor O.C., alleged that O.C. suffered idiopathic thrombocytopenic purpura (ITP) caused by the measles mumps rubella (MMR) vaccine received on March 7, 2019. The respondent conceded entitlement to compensation for ITP related to the MMR vaccine following a ruling on entitlement. The case proceeded to a damages decision based on a proffer. The award included $35,000.00 for pain and suffering, to be used to purchase an annuity contract with specific future lump sum payments, and $11,832.23 to satisfy a State of Ohio Medicaid lien. The total award was $46,832.23. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on June 24, 2022, and the damages decision on February 28, 2023. Petitioners were represented by Emily Beth Ashe, and respondent by Kyle Edward Pozza.