E.H. v. HHS - Hepatitis A, immune thrombocytopenia purpura (ITP) (2023)

Filed 2023-02-15Decided 2023-03-13Vaccine Hepatitis A
compensated$27,661

Case summary [AI summaries can sometimes make mistakes]

Stefanie and Andrew Herbert, as parents and natural guardians of their minor son E.H., filed a petition for compensation under the National Vaccine Injury Compensation Program on December 17, 2020. They alleged that E.H. suffered from immune thrombocytopenia purpura (ITP) as a result of receiving a hepatitis A vaccine on May 22, 2019, and experienced residual effects for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the hepatitis A vaccine caused E.H.'s ITP or any other injury. Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on February 15, 2023.

Chief Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the court.

The stipulation awarded compensation for past unreimbursable expenses totaling $1,694.16, reimbursement of a Medicaid lien for $996.93, and $25,000.00 to purchase an annuity contract. These amounts represent compensation for all damages available under the Act.

The court approved the award and directed that judgment be entered. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

The attorneys involved were Jeffrey S. Pop for the petitioners and Tyler King for the respondent.

Theory of causation

Petitioners Stefanie and Andrew Herbert alleged that their minor son, E.H., suffered from immune thrombocytopenia purpura (ITP) as a result of receiving a hepatitis A vaccine on May 22, 2019, and experienced residual effects for more than six months. Respondent denied causation. The parties reached a stipulation to settle the case, which was adopted by Chief Special Master Brian H. Corcoran on March 13, 2023. The stipulation awarded $1,694.16 for past unreimbursable expenses, $996.93 for reimbursement of a Medicaid lien, and $25,000.00 to purchase an annuity contract. The public text does not detail the specific theory of causation, medical experts, or the mechanism of injury.

Source PDFs 2 total · 1 downloaded