VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00126
Package ID: USCOURTS-cofc-1_23-vv-00126
Petitioner: E.L.
Filed: 2023-01-27
Decided: 2024-06-25
Vaccine: MMRV
Vaccination date: 2020-02-05
Condition: immune thrombocytopenia purpura (ITP)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00126-0
Date issued/filed: 2024-06-25
Pages: 2
Docket text: PUBLIC RULING (Originally filed: 5/31/2024) regarding 35 Ruling on Entitlement. Signed by Special Master Mindy Michaels Roth. (dkj) Service on parties made.
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Case 1:23-vv-00126-UNJ Document 37 Filed 06/25/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-126V
Filed: May 31, 2024
* * * * * * * * * * * * * * *
QUENTIN LEWIS *
on behalf of E.L., a minor, *
*
Petitioner, *
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * *
Jeffrey A. Golvash, Esq., Golvash & Epstein, LLC, Pittsburgh, PA, for petitioner.
Madylan L. Yarc, Esq., U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Roth, Special Master:
On January 27, 2023, Quentin Lewis (“petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program (“the Program”)2 on behalf of his
minor child E.L., alleging that he received Hepatitis A and measles, mumps, rubella, and
varicella (“MMRV”) vaccines on February 5, 2020, and thereafter suffered from immune
thrombocytopenia purpura (“ITP”). See Petition at 1.
On May 31, 2024, respondent filed a report pursuant to Vaccine Rule 4(c) stating that
petitioner’s claim was appropriate for compensation. Resp. Rpt. at 1-2, ECF No. 34.
Specifically, respondent agrees with petitioner’s claim that E.L. suffered the Table injury of ITP
following the MMRV vaccine. Id. at 12. Respondent states he is satisfied that the criteria set
forth in the Table and the Qualification and Aids to Interpretation (“QAI”) with respect to the
1 Because this decision 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 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, the undersigned finds that the identified
material fits within this definition, such material will be redacted from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of
citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018).

Case 1:23-vv-00126-UNJ Document 37 Filed 06/25/24 Page 2 of 2
MMRV vaccine have been satisfied. Id. Thus, respondent agrees that there is no other cause for
E.L.’s ITP and that E.L. suffered his condition in excess of six months. Therefore, petitioner has
satisfied all legal prerequisites for compensation under the Act.
A special master may determine whether a petitioner is entitled to compensation based
upon the record. A hearing is not required. §300aa-13; Vaccine Rule 8(d). In light of
respondent’s concession and a review of the record, the undersigned finds that petitioner is
entitled to compensation. This matter shall now proceed to the damages phase.
IT IS SO ORDERED.
s/Mindy Michaels Roth
Mindy Michaels Roth
Special Master
2