E.V. v. HHS - MMR, immune thrombocytopenia purpura (2023)

Cortney Perez and Javiere Valdez filed a petition on behalf of their minor child, E.V., on May 2, 2023, alleging that E.V. suffered from immune thrombocytopenia purpura (ITP) as a result of receiving the DTaP, Hepatitis B, IPV, Hepatitis A, and MMR vaccines on October 15, 2020. The petitioners later filed a motion to dismiss their own petition, acknowledging that this action would result in an unfavorable decision and judgment against them.

They stated they had presented all evidence they believed to be relevant and waived their right to a hearing. The court noted that to receive compensation, petitioners must prove either a Table Injury or that the vaccine actually caused the injury, and that the injury must meet the statutory severity requirement.

The court found that the record lacked sufficient medical records or a medical opinion to demonstrate entitlement to compensation. Consequently, the court denied the claim for compensation and dismissed the case for insufficient proof.

The decision was issued by Chief Special Master Brian H. Corcoran on June 1, 2023.

Petitioner counsel was Diana Lynn Stadelnikas of Maglio Christopher & Toale, PA, and respondent counsel was Andrew Henning of the U.S. Department of Justice.