Quentin Lewis v. HHS - MMRV, immune thrombocytopenia purpura (ITP) (2024)
Case summary [AI summaries can sometimes make mistakes]
On January 27, 2023, Quentin Lewis filed a petition on behalf of his minor child, E.L., alleging that E.L. received Hepatitis A and measles, mumps, rubella, and varicella (MMRV) vaccines on February 5, 2020. E.L. subsequently suffered from immune thrombocytopenia purpura (ITP).
The respondent, the Secretary of Health and Human Services, filed a report on May 31, 2024, agreeing that E.L.'s ITP was a Table injury following the MMRV vaccine. The respondent confirmed that the criteria for the Table and its accompanying interpretations were met, and that there was no other cause for E.L.'s condition, which persisted for over six months.
Based on the respondent's concession and a review of the record, Special Master Mindy Michaels Roth found that E.L. is entitled to compensation. The case will now proceed to the damages phase.
The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Jeffrey A.
Golvash, Esq., and respondent counsel was Madylan L. Yarc, Esq.
The decision was signed by Special Master Mindy Michaels Roth and issued on June 25, 2024.
Theory of causation
Petitioner E.L., a minor, received Hepatitis A and MMRV vaccines on February 5, 2020. Petitioner alleged that E.L. subsequently suffered from immune thrombocytopenia purpura (ITP). Respondent conceded that E.L.'s ITP was a Table injury following the MMRV vaccine, satisfying the criteria in the Table and Qualifications and Aids to Interpretation (QAI), with no other cause identified, and the condition persisted for over six months. Petitioner satisfied all legal prerequisites for compensation. Entitlement was granted, and the case proceeded to the damages phase. The public decision does not specify the mechanism of injury, expert witnesses, or provide a breakdown of the award amount. The decision was issued by Special Master Mindy Michaels Roth on June 25, 2024. Petitioner counsel was Jeffrey A. Golvash, Esq., and respondent counsel was Madylan L. Yarc, Esq.
Source PDFs
USCOURTS-cofc-1_23-vv-00126