E.R. v. HHS - MMR, immune thrombocytopenia purpura (ITP) (2024)
Case summary [AI summaries can sometimes make mistakes]
On October 29, 2021, Michael Rosso, as parent and natural guardian of E.R., a minor, filed a claim for vaccine compensation. E.R. received the measles, mumps, and rubella (MMR) and varicella vaccines on July 29, 2020.
Petitioner alleged that these vaccines caused E.R. to develop immune thrombocytopenia purpura (ITP). The respondent denied that the MMR or varicella vaccines caused E.R.'s ITP or any other injury.
The parties reached a stipulation for settlement, agreeing that a decision should be entered awarding compensation. The stipulation awarded a lump sum payment of $3,453.71 to Michael Rosso for past unreimbursable expenses and $34,046.29 to purchase an annuity contract.
Special Master Thomas L. Gowen adopted the parties' stipulation and ordered judgment to be entered accordingly.
The case was resolved via stipulation, with the respondent denying causation but agreeing to compensation. The public decision does not describe E.R.'s specific symptoms, medical tests, treatments, or the mechanism of injury.
Petitioner's counsel was Laura Levenberg of Muller Brazil, and respondent's counsel was Mark K. Hellie of the U.S.
Department of Justice.
Theory of causation
Petitioner alleged that the measles, mumps, and rubella (MMR) and varicella vaccines, received on July 29, 2020, caused E.R. to develop immune thrombocytopenia purpura (ITP). The theory of causation is based on the Vaccine Injury Table. The respondent denied causation. The parties reached a stipulation for settlement, resulting in an award of $3,453.71 for past unreimbursable expenses and $34,046.29 for an annuity. Special Master Thomas L. Gowen issued the decision on August 29, 2024. Petitioner's counsel was Laura Levenberg, and respondent's counsel was Mark K. Hellie.