VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00535
Package ID: USCOURTS-cofc-1_22-vv-00535
Petitioner: T.J.
Filed: 2022-05-13
Decided: 2023-11-13
Vaccine: MMR
Vaccination date: 2021-05-28
Condition: idiopathic thrombocytopenia purpura
Outcome: compensated
Award amount USD: 51510

AI-assisted case summary:
Taylor White, as mother and natural guardian of her minor child T.J., filed a petition on May 13, 2022, seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that T.J. suffered from idiopathic thrombocytopenia purpura (ITP) as a result of receiving a measles, mumps, and rubella (MMR) vaccine on May 28, 2021. The respondent, the Secretary of Health and Human Services, reviewed the petition and medical records. In a report filed on May 10, 2023, the respondent conceded that T.J.'s claim was compensable under the Vaccine Injury Table, acknowledging that the MMR vaccine caused T.J.'s ITP and that the onset occurred within the appropriate timeframe. Based on the respondent's concession, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on May 11, 2023, finding T.J. entitled to compensation. Subsequently, the parties reached a stipulation for damages. On October 18, 2023, the respondent filed a proffer proposing an award of compensation, which the Chief Special Master reviewed and adopted as the decision. The award included a lump sum payment of $50,000.00 for the benefit of T.J., payable to Taylor White as T.J.'s guardian/conservator upon confirmation of her guardianship status, and a lump sum payment of $1,510.72 for past unreimbursable expenses, payable to Taylor White. The total award was $51,510.72. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Katherine Carr Esposito of the U.S. Department of Justice.

Theory of causation field:
Petitioner T.J., a minor, received a measles, mumps, and rubella (MMR) vaccine on May 28, 2021. Petitioner alleged that T.J. subsequently developed idiopathic thrombocytopenia purpura (ITP) as a result of the vaccination. The respondent conceded that the claim was compensable under the Vaccine Injury Table, acknowledging that the MMR vaccine caused T.J.'s ITP and that the onset occurred within the appropriate timeframe. The public decision does not describe the specific medical personnel who reviewed the case, the specific medical records reviewed, the Qualifications and Aids to Interpretation (QAI) cited, the onset timeframe, or any specific medical experts. The theory of causation is based on the respondent's concession that the MMR vaccine caused the ITP, aligning with the Vaccine Injury Table. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on May 11, 2023, and a decision awarding damages on November 13, 2023. The award totaled $51,510.72, consisting of $50,000.00 for pain and suffering and $1,510.72 for past unreimbursable expenses. Petitioner was represented by Leah VaSahnja Durant and respondent by Katherine Carr Esposito.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00535-0
Date issued/filed: 2023-06-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/11/2023) regarding 25 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (saj) Service on parties made.
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Case 1:22-vv-00535-UNJ Document 27 Filed 06/05/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-535V
* * * * * * * * * * * * * * * * * * * * * * * * *
*
TAYLOR WHITE, as mother and natural * Chief Special Master Corcoran
guardian of minor child, T.J., *
*
Petitioner, * Filed: May 11, 2023
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 13, 2022, Taylor White, as mother and natural guardian of minor child, T.J., filed
this action seeking compensation under the National Vaccine Injury Compensation Program (the
“Program”).2 ECF No. 1. Petitioner alleged that T.J. developed idiopathic thrombocytopenia
purpura as a result of a measles, mumps, and rubella (“MMR”) vaccine administered on May 28,
2021. Id.
1 Because this Ruling contains a reasoned explanation for the action taken 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 Ruling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner
has 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. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) [hereinafter “Vaccine Act” or “the
Act”]. Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

Case 1:22-vv-00535-UNJ Document 27 Filed 06/05/23 Page 2 of 2
On May 10, 2023, Respondent filed his Rule 4(c) Report in which he concedes that
Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report, dated May 10,
2023 (ECF No. 24) at 1. Specifically, Respondent indicates that
[m]edical personnel at the [Division of Injury Compensation Programs, Department
of Health and Human Services (“DICP”)], have reviewed the petition and medical
records filed in the case. It is respondent’s position that petitioner has satisfied the
criteria set forth in the [Vaccine Injury Table] and the Qualifications and Aids to
Interpretation (“QAI”)
Id. at 8 (citing 42 C.F.R. § 100.3(a)(V), (c)(7)).
In view of Respondent’s position and the evidence of record, I find that Petitioner is
entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_22-vv-00535-1
Date issued/filed: 2023-11-13
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 10/18/2023) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (ag) Service on parties made.
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Case 1:22-vv-00535-UNJ Document 36 Filed 11/13/23 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-535V
* * * * * * * * * * * * * * * * * * * * * * * * *
*
TAYLOR WHITE, as mother * Chief Special Master Corcoran
And natural guardian *
Of minor child T.J. * Filed: October 18, 2023
*
Petitioner *
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner.
Katherine Carr Esposito, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 13, 2022, Taylor White filed a petition on behalf of her minor child, T.J. seeking
compensation under the National Vaccine Injury Compensation Program (the “Vaccine
Program”).2 Petition (ECF No. 1) (“Pet.”) at 1. Petitioner alleged that T.J. suffered from a Table
Idiopathic thrombocytopenic purpura (“ITP”) injury after he received the measles, mumps, and
rubella (“MMR”) vaccination on May 28, 2021. Id.
Thereafter, on May 10, 2023, Respondent filed his Rule 4(c) Report and acknowledged
that Petitioner’s claim is compensable under the Act. See Respondent’s Report, dated May 10,
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 1:22-vv-00535-UNJ Document 36 Filed 11/13/23 Page 2 of 6
2023 (ECF No. 24). Respondent specifically indicated that medical personnel at the Division of
Injury Compensation Programs (“DICP”), Department of Health and Human Services, have
reviewed the petition and accompanying documents filed in this case, as well as the relevant
medical records, and Respondent has concluded that Petitioner has met her burden of proof in
connecting the vaccination that T.J received to his condition as required for entitlement under the
Vaccine Act. Id. Respondent conceded that the evidence shows that Petitioner suffered ITP as a
result of the MMR vaccine, and that the onset occurred within the appropriate timeframe. Id.
Accordingly, Respondent concluded that Petitioner is entitled to an award of damages. Id. at 8–9.
I subsequently issued an entitlement decision on May 11, 2023. See Ruling, dated May 11, 2023
(ECF No. 25).
On October 18, 2023, Respondent filed a proffer proposing an award of compensation.
ECF No. 31. I have reviewed the file, and based upon that review I conclude that the Respondent’s
proffer (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages
on the terms set forth therein.
The proffer awards:
• A lump sum payment of $50,000.00, for the benefit of T.J., in the form of a check
payable to Petitioner as T.J.’s guardian/conservator (with the proffer specifying
confirmation of Petitioner’s guardianship capacity before payment is made); and
• A lump sum payment of $1,510.72, representing compensation for past unreimbursable
expenses, in the form of a check payable to Petitioner.
Proffer at II. These amounts represent compensation for all elements of compensation under 42
U.S.C. § 300aa-15(a) to which Petitioner is entitled.
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. 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
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

Case 1:22-vv-00535-UNJ Document 36 Filed 11/13/23 Page 3 of 6
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3

Case 1:22-vv-00535-UNJ Document 36 Filed 11/13/23 Page 4 of 6

Case 1:22-vv-00535-UNJ Document 36 Filed 11/13/23 Page 5 of 6
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner, for the benefit of
T.J., should be awarded a lump sum of $51,510.72, for all damages (consisting of $50,000.00 of
actual pain and suffering, and $1,510.72 in documented out-of-pocket expenses). This amount
represents all elements of compensation to which petitioner, on T.J.’s behalf, is entitled under 42
U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
The parties recommend that the compensation provided to T.J. should be made through a
combination of lump sum payments as described below, and request that the Chief Special
Master’s decision and the Court’s judgment award the following:2
A. A lump sum payment of $50,000.00 in the form of a check payable to petitioner as
guardian/conservator of T.J., for the benefit of T.J. No payments shall be made until
petitioner provides respondent with documentation establishing that she has been
appointed as the guardian/conservator of T.J.’s estate. If petitioner is not authorized
by a court of competent jurisdiction to serve as guardian/conservator of the estate of
T.J., any such payment shall be made to the party or parties appointed by a court of
competent jurisdiction to serve as guardian(s)/conservator(s) of the estate of T.J. upon
submission of written documentation of such appointment to the Secretary. Petitioner
agrees T.J. is a minor child. Petitioner must file evidence of guardianship.
B. A lump sum payment of $1,510.72, representing compensation for past
2 Should T.J. die prior to entry of judgment, the parties reserve the right to move the Court for
appropriate relief. In particular, respondent would oppose any award for future medical
expenses, lost future earnings, and future pain and suffering.
2

Case 1:22-vv-00535-UNJ Document 36 Filed 11/13/23 Page 6 of 6
unreimbursable expenses, in the form of a check payable to petitioner. Petitioner
agrees.
III. Summary of Recommended Payments Following Judgment
A. Lump Sum paid to petitioner as guardian/conservator of the
estate of T.J. for the benefit of T.J. $50,000.00
B. Past unreimbursable expenses payable to petitioner: $1,510.72
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C.SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Katherine C. Esposito
Katherine C. Esposito
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington D.C. 20044-0146
Tel: (202) 305-3774
katherine.esposito@usdoj.gov
Dated: October 18, 2023
3