VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01892
Package ID: USCOURTS-cofc-1_20-vv-01892
Petitioner: E.H.
Filed: 2023-02-15
Decided: 2023-03-13
Vaccine: hepatitis A
Vaccination date: 2019-05-22
Condition: immune thrombocytopenia purpura (ITP)
Outcome: compensated
Award amount USD: 27661.09

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01892-0
Date issued/filed: 2023-03-13
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 02/15/2023) regarding 44 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (mva) Service on parties made.
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Case 1:20-vv-01892-UNJ Document 48 Filed 03/13/23 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1892V
* * * * * * * * * * * * * * * * * * * * * * * * *
STEFANIE HERBERT, as mother *
and natural guardian of minor, E.H., and *
ANDREW HERBERT, as father and * Chief Special Master Corcoran
natural guardian of minor, E.H., *
*
Petitioners, * Filed: February 15, 2023
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Tyler King, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 17, 2020, Stefanie and Andrew Herbert, on behalf of their minor son, E.H.,
filed a petition for compensation under the National Vaccine Injury Compensation Program (the
“Vaccine Program”).2 Petitioners allege that E.H. suffered from immune thrombocytopenia
purpura (“ITP”) as a result of his May 22, 2019, receipt of the hepatitis A vaccine. Moreover,
Petitioners allege that he experienced residual effects of this injury for more than six months.
1 Because this decision contains a reasoned explanation for my actions in this case, I will 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 (2012). As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain
kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which
to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial
in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which
would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision will
be available to the public. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).
Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

Case 1:20-vv-01892-UNJ Document 48 Filed 03/13/23 Page 2 of 9
Respondent denies that the hepatitis A vaccine caused E.H. to suffer from ITP, or any other
injury or condition. Nonetheless both parties, while maintaining their above-stated positions,
agreed in a stipulation (filed on February 15, 2023) that the issues before them could be settled,
and that a decision should be entered awarding Petitioners compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
(as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the
terms set forth therein.
The stipulation awards (as set forth in more detail therein):
• A lump sum of $1,694.16, which amount represents compensation for past
unreimbursable expenses, in the form of a check payable to Petitioners, Stefanie
Herbert and Andrew Herbert;
• A lump sum of $996.93, representing reimbursement of a lien for services rendered by
the Texas Health and Human Services Commission to E.H., in the form of a check
payable jointly to Petitioners and TMHP-Medicaid for $996.93; and
• An amount of $25,000.00 to purchase the annuity contract, paid to the life insurance
company from which the annuity will be purchased (the “Life Insurance Company”).
Stipulation at ¶¶ 8, 10. These amounts represent compensation for all damages that would be
available under Section 15(a) of the Act.
I approve a Vaccine Program award in the requested amounts set forth above to be made
to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk
of the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.

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