V.K. v. HHS - DTaP, immune thrombocytopenia purpura (ITP) (2023)

Filed 2022-04-29Decided 2023-10-04Vaccine DTaP
compensated$35,000

Case summary [AI summaries can sometimes make mistakes]

On April 29, 2022, Weiwei Dong and Xiangli Kong, on behalf of their minor son V.K., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. They alleged that V.K. suffered from immune thrombocytopenia purpura (ITP) as a result of a diphtheria, tetanus, and acellular pertussis (DTaP) vaccination received on August 4, 2020.

The respondent, the Secretary of Health and Human Services, denied that the vaccine caused V.K.'s alleged ITP or any other injury, and denied that his condition was a sequela of a vaccine-related injury. Despite these positions, both parties agreed to settle the case.

Special Master Katherine E. Oler reviewed the file and found the joint stipulation to be reasonable, adopting it as the decision of the court.

The settlement includes a lump sum of $8,000.00 to reimburse a lien for services rendered by the Alaska Department of Health, payable jointly to Petitioners and the State of Alaska. The remainder of the award, $27,000.00, is to be paid in the form of an annuity contract purchased for the benefit of V.K.

The total award amounts to $35,000.00. The public decision does not describe V.K.'s onset, symptoms, specific medical tests, treatments, or the mechanism of causation.

Petitioner's counsel was Diana Stadelnikas of Maglio Christopher & Toale, and respondent's counsel was Sarah Rifkin of the U.S. Department of Justice.

Theory of causation

Petitioners alleged that V.K. suffered from immune thrombocytopenia purpura (ITP) as a result of a DTaP vaccination received on August 4, 2020. The respondent denied causation. The parties reached a joint stipulation for settlement, which was adopted by Special Master Katherine E. Oler. The stipulation awarded $8,000.00 as a lump sum for reimbursement of a lien from the Alaska Department of Health and an annuity contract of $27,000.00 for V.K., totaling $35,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.

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