VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01620
Package ID: USCOURTS-cofc-1_21-vv-01620
Petitioner: C.M.D.
Filed: 2021-07-27
Decided: 2025-01-02
Vaccine: DTaP
Vaccination date: 2018-07-27
Condition: chronic immune thrombocytopenia purpura (ITP)
Outcome: compensated
Award amount USD: 51658

AI-assisted case summary:
Nicholas and Krystal Delaney, parents and guardians of C.M.D., filed a petition for compensation under the National Vaccine Injury Compensation Program on July 27, 2021. They alleged that their minor child, C.M.D., suffered chronic immune thrombocytopenia purpura (ITP) as a result of receiving the diphtheria-tetanus-acellular-pertussis (DTaP), Hepatitis B (Hep B), inactivated poliovirus (IPV), and/or pneumococcal conjugate (PCV-13) vaccines on July 27, 2018. Petitioners further alleged that C.M.D. experienced residual effects of this condition for more than six months. The respondent denied that the DTaP, Hep B, IPV, and/or PCV-13 vaccines caused C.M.D.'s ITP or its residual effects, or any other injury. Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on December 3, 2024. Chief Special Master Brian H. Corcoran reviewed the file and adopted the stipulation as the decision. The stipulation awarded a lump sum of $50,000.00 payable to Petitioners as guardians/conservators of C.M.D.'s estate and a lump sum of $1,658.19 payable to Petitioners, totaling $51,658.19 for all damages. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation. Petitioner counsel was Kathleen M. Loucks, and respondent counsel was Bridget Corridon.

Theory of causation field:
Petitioners alleged that C.M.D. suffered chronic immune thrombocytopenia purpura (ITP) and its residual effects for more than six months due to DTaP, Hepatitis B, IPV, and/or pneumococcal conjugate vaccines received on July 27, 2018. Respondent denied causation. The parties reached a settlement via stipulation, which was adopted by Chief Special Master Brian H. Corcoran on January 2, 2025. The stipulation awarded $50,000.00 to C.M.D.'s estate and $1,658.19 to Petitioners. The theory of causation was off-Table. The public decision does not detail the specific medical experts, evidence presented, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01620-0
Date issued/filed: 2025-01-02
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 12/03/2024) regarding 74 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (mva) Service on parties made.
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Case 1:21-vv-01620-UNJ Document 80 Filed 01/02/25 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1620V
* * * * * * * * * * * * * * * * * * * * * * * * *
*
NICHOLAS DELANEY and *
KRYSTAL DELANEY, as parents * Chief Special Master Corcoran
And guardians of C.M.D., *
*
Petitioners, * Filed: December 3, 2024
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Kathleen M. Loucks, Lommen Abdo Law Firm, Minneapolis, MN, for Petitioner.
Bridget Corridon, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On July 27, 2021, Nicholas and Krystal Delaney, on behalf of their minor child, C.M.D.,
filed a petition for compensation under the National Vaccine Injury Compensation Program (the
“Vaccine Program”). 2 Petitioners allege that C.M.D. suffered chronic immune thrombocytopenia
purpura (“ITP”) as a result of his July 27, 2018, receipt of the diphtheria-tetanus-acellular-pertussis
(“DTaP”), Hepatitis B (“Hep B”), inactivated poliovirus (“IPV”), and/or pneumococcal conjugate
(“PCV-13”) vaccines. Moreover, Petitioners allege that C.M.D. experienced residual effects of this
condition for more than six months.
1 Under Vaccine Rule 18(b), each party has fourteen (14) 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
in its present form. 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 1:21-vv-01620-UNJ Document 80 Filed 01/02/25 Page 2 of 8
Respondent denies that C.M.D.’s alleged ITP or its residual effects were caused-in-fact by
the DTaP, Hep B, IPV, and/or PCV-13 vaccines. Respondent also denies that the DTaP, Hep B,
IPV, and/or PCV-13 vaccines caused C.M.D. to suffer any other injury or her current condition.
Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation
(filed on December 3, 2024) 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:
• A lump sum of $50,000.00 in the form of a check payable to Petitioners as
guardians/conservators of C.M.D.’s estate; and
• A lump sum of $1,658.19 in the form of a check payable to Petitioners.
Stipulation ¶ 8. 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 Petitioners. 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.
2

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