VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00486
Package ID: USCOURTS-cofc-1_22-vv-00486
Petitioner: V.K.
Filed: 2022-04-29
Decided: 2023-10-04
Vaccine: DTaP
Vaccination date: 2020-08-04
Condition: immune thrombocytopenia purpura (ITP)
Outcome: compensated
Award amount USD: 35000

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00486-0
Date issued/filed: 2023-10-04
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 8/18/2023) regarding 29 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
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Case 1:22-vv-00486-UNJ Document 36 Filed 10/04/23 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-486V
Filed: August 18, 2023
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WEIWEI DONG and XIANGLI KONG,
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on behalf of V.K., a minor child,
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Petitioners,
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v. *
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SECRETARY OF HEALTH AND
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HUMAN SERVICES,
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Respondent. *
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Diana Stadelnikas, Maglio Christopher & Toale, Sarasota, FL, for Petitioners
Sarah Rifkin, U.S. Department of Justice, Washington, DC, for Respondent
DECISION ON JOINT STIPULATION1
On April 29, 2022, Weiwei Dong and Xiangli Kong (“Petitioners”) filed a petition, seeking
compensation under the National Vaccine Injury Compensation Program (“the Vaccine
Program”).2 Pet., ECF No. 1. Petitioners allege their son, V.K., suffered from immune
thrombocytopenia purpura (“ITP”) as a result of the diphtheria, tetanus, and acellular pertussis
(“DTaP”) vaccination he received on August 4, 2020. See Stipulation ¶ 2, 4, dated August 18, 2023
(ECF No. 28); see also Petition.
1 Because this Decision contains a reasoned explanation for the action in this case, it must be made publicly
accessible and will be posted on the United States Court of Federal Claims' website, and/or at
https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act
of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government
Services). This means the Decision will be available to anyone with access to the internet. In accordance
with Vaccine Rule 18(b), Petitioners have 14 days to identify and move to redact medical or other
information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review,
I agree that the identified material fits within this definition, I will redact such material from public access.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

Case 1:22-vv-00486-UNJ Document 36 Filed 10/04/23 Page 2 of 10
Respondent denies “that the [vaccine] caused V.K.’s alleged ITP, or any other injury, and
denies that his current condition is a sequela of a vaccine-related injury.” See Stipulation ¶ 6.
Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation
filed August 18, 2023 that the issues before them can 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
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
1. A Lump Sum
A lump sum of $8,000.00, which amount represents reimbursement of a lien for services
rendered by the Alaska Department of Health to V.K., in the form of a check payable jointly to
Petitioners and the State of Alaska:
State of Alaska
Department of Law
Attn: Judy M. Kuipers
1031 West 4th Avenue, Suite 200
Anchorage, AK 99501
Medicaid Lien # 2021104847
Alaska Tax ID No.: 92-6001185
Petitioners agree to endorse this check to the State of Alaska.
2. An Annuity
The remainder of damages shall be paid in the form of an annuity contract, which shall be
purchased as soon as practicable after entry of judgment. Accordingly, pursuant to 42 U.S.C. §
300aa-15(f)(4), I order Respondent to purchase, and take ownership of, an annuity contract in the
amount of $27,000.00,3 as described below:
Each Life Insurance Company must meet the following criteria:
1. Have a minimum of $250,000,000 of capital and surplus, exclusive of any mandatory
security valuation reserve; and
2. have one of the following ratings from two of the following rating organizations:
a) A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b) Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
3 To satisfy the conditions set forth herein, in Respondent’s discretion, Respondent may purchase one or
more annuity contracts from one or more life insurance companies.
2

Case 1:22-vv-00486-UNJ Document 36 Filed 10/04/23 Page 3 of 10
c) Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-, AA,
AA+, or AAA;
d) Fitch Credit Rating Company, Insurance Company Claims-Paying Ability Rating:
AA-, AA, AA+, or AAA.
The Secretary of Health and Human Services shall purchase an annuity contract from the Life
Insurance Company for the benefit of V.K., pursuant to which the Life Insurance Company will
agree to make payments periodically to V.K. as described in paragraph 10 of the attached
Stipulation. This award represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
I approve a Vaccine Program award in the requested amount 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.4
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.
3

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