O.C. v. HHS - MMR, idiopathic thrombocytopenic purpura (ITP) (2023)

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 January 11, 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.