J.S. v. HHS - MMRV, immune thrombocytopenia purpura (ITP) (2025)

On February 28, 2023, Samuel and Jessica Smith filed a petition on behalf of their minor son, J.S., alleging that J.S. suffered from immune thrombocytopenia purpura (ITP) as a result of a measles, mumps, rubella, and varicella (MMRV) vaccine administered on December 14, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 24, 2024, conceding that J.S.'s ITP was an "On-Table" injury and that the petitioners were entitled to compensation.

Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on June 26, 2024, finding J.S. entitled to compensation.

Subsequently, the parties reached a stipulation for damages. On March 13, 2025, the respondent filed a Proffer of Damages.

Chief Special Master Corcoran issued a Decision Awarding Damages on April 14, 2025. The award included a lump sum payment of $4,817.02 for past unreimbursable expenses and $105,000.00 to purchase an annuity contract for pain and suffering.

The annuity contract was to provide payments of $18,812.99 per year for 10 years certain, beginning June 12, 2033. Petitioners were represented by Diana L.

Stadelnikas of Maglio Christopher and Toale, PA, and later Mctlaw. Respondent was represented by Neil Bhargava of the U.S.

Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, or treatments received by J.S.

The specific life insurance company for the annuity was not named in the public decision, but it was required to have a minimum of $250,000,000 capital and surplus and specific ratings from rating organizations.