VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00293
Package ID: USCOURTS-cofc-1_23-vv-00293
Petitioner: J.S.
Filed: 2023-02-28
Decided: 2025-04-14
Vaccine: MMRV
Vaccination date: 2020-12-14
Condition: immune thrombocytopenia purpura (ITP)
Outcome: compensated
Award amount USD: 109817

AI-assisted case summary:
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.

Theory of causation field:
Petitioners Samuel and Jessica Smith filed on behalf of minor J.S., alleging immune thrombocytopenia purpura (ITP) following an MMRV vaccination on December 14, 2020. Respondent conceded that J.S.'s ITP was an "On-Table" injury, satisfying the criteria set forth in the Vaccine Injury Table and Qualifications and Aids to Interpretation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on June 26, 2024, finding entitlement based on the respondent's concession. A subsequent Decision Awarding Damages on April 14, 2025, awarded $4,817.02 for past unreimbursable expenses and $105,000.00 to purchase an annuity for pain and suffering. The annuity was structured to pay $18,812.99 annually for 10 years certain, commencing June 12, 2033. Petitioners' counsel was Diana L. Stadelnikas, and respondent's counsel was Neil Bhargava. The specific mechanism of causation was not detailed in the public text, but the "On-Table" classification presumed a vaccine relationship.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00293-0
Date issued/filed: 2024-08-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/26/2024) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:23-vv-00293-UNJ Document 31 Filed 08/02/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-293V
SAMUEL SMITH and JESSICA SMITH Chief Special Master Corcoran
on behalf of J.S., a minor child,
Filed: June 26, 2024
Petitioners,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Diana L. Stadelnikas, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioners.
Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 28, 2023, Samuel and Jessica Smith filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2
(the “Vaccine Act”) on behalf of their minor child J.S. Petitioners allege that J.S. suffered
from immune thrombocytopenia purpura (“ITP”) as a result of a measles, mumps, rubella,
and varicella vaccine (“MMRV vaccine”) administered on December 14, 2020. Petition at
1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 24, 2024, Respondent filed his Rule 4(c) report in which he concedes that
Petitioners are entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1.
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 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:23-vv-00293-UNJ Document 31 Filed 08/02/24 Page 2 of 2
Specifically, Respondent notes that petitioners have satisfied the criteria of an “On-Table”
injury as set forth in the Table and the Qualifications and Aids to Interpretation (“QAI”).
See 42 C.F.R. §§ 100.3(a)(V)(A), 100.3(c)(7). Id. at 17.
In view of Respondent’s position and the evidence of record, I find that
Petitioners are 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_23-vv-00293-1
Date issued/filed: 2025-04-14
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 03/14/2025) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:23-vv-00293-UNJ Document 39 Filed 04/14/25 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-293V
SAMUEL SMITH and JESSICA SMITH Chief Special Master Corcoran
on behalf of J.S., a minor child,
Filed: March 14, 2025
Petitioners,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Diana L. Stadelnikas, Mctlaw, Sarasota, FL, for Petitioners.
Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 28, 2023, Samuel and Jessica Smith, on behalf of their minor child
J.S., filed a petition for compensation under the National Vaccine Injury Compensation
Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioners allege that J.S.
suffered from immune thrombocytopenia purpura (“ITP”) after receiving a measles,
mumps, rubella, and varicella vaccination on December 14, 2020. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On June 26, 2024, a ruling on entitlement was issued, finding Petitioners entitled
to compensation for J.S.’s ITP. On March 13, 2025, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioners should be awarded $4,817.02 for past
unreimbursable expenses and $105,000.00 to purchase an annuity contract, the terms of
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), 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 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:23-vv-00293-UNJ Document 39 Filed 04/14/25 Page 2 of 6
which are contained within the proffer. Proffer at 2-3. In the Proffer, Respondent
represented that Petitioners agree with the proffered award. Id. Based on the record as a
whole, I find that Petitioners are entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioners the
following:
1) a lump sum payment of $4,817.02, representing reimbursement for past
unreimbursed expenses, to be paid through an ACH deposit to Petitioners’
counsel’s IOLTA account for prompt disbursement to Petitioners; and
2) an amount of $105,000.00 to purchase the annuity contract described in the
attached proffer in section II.B.
These amounts represent compensation for all damages that would be available under
Section 15(a).
The Clerk of Court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:23-vv-00293-UNJ Document 39 Filed 04/14/25 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SAMUEL SMITH and JESSICA SMITH
on behalf of J.S., a minor child,
No. 23-293V
Petitioners,
Chief Special Master Corcoran
ECF
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER OF DAMAGES
I. Procedural History
On February 28, 2023, Samuel and Jessica Smith (“petitioners”) filed a petition for
compensation (“petition”) on behalf of their minor son, J.S., under the National Childhood
Vaccine Injury Act of 1986, 43 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), as amended,
alleging that as a result of a measles, mumps, rubella, and varicella vaccine (“MMRV vaccine”)
administered to J.S. on December 14, 2020, J.S. suffered from immune thrombocytopenia
purpura (“ITP”). Petition at 1. On June 24, 2024, respondent filed his Rule 4(c) report in which
he concedes that petitioners are entitled to compensation in this case. Respondent’s Rule 4(c)
Report at 1. ECF No. 27. Accordingly, on June 26, 2024, the Chief Special Master issued a
Ruling on Entitlement, finding that petitioners are entitled to vaccine compensation. ECF No.
28.

Case 1:23-vv-00293-UNJ Document 39 Filed 04/14/25 Page 4 of 6
II. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers, and the parties recommend, that
compensation be made through a lump sum and future annuity payments as described below, and
request that the Chief Special Master’s decision and the Court’s judgment award the following:1
A. Past Unreimbursable Expenses
Evidence supplied by petitioners documents their expenditure of past unreimbursable
expenses related to J.S.’s vaccine-related injury. Respondent proffers that petitioners should be
awarded past unreimbursable expenses in the amount of $4,817.02, to be paid through an ACH
deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioners.
Petitioners agree.
B. Pain and Suffering
For pain and suffering, an amount not to exceed $105,000.00 to purchase an annuity
contract,2 paid to the life insurance company3 from which the annuity will be
1 Should J.S. 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, future lost earnings, and future pain and suffering.
2 At respondent’s discretion, respondent may purchase one or more annuity contracts from one
or more life insurance companies.
The parties further agree that the annuity payments cannot be assigned, accelerated, deferred,
increased, or decreased by the parties and that no part of any annuity payments called for herein,
nor any assets of the United States or the annuity company, are subject to execution or any legal
process for any obligation in any manner. Petitioners and petitioners’ heirs, executors,
administrators, successors, and assigns do hereby agree that they have no power or right to sell,
assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by
assignment or otherwise, and further agree that they will not sell, assign, mortgage, encumber, or
anticipate said annuity payments, or any part thereof, by assignment or otherwise.
3 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus,
exclusive of any mandatory security valuation reserve. The Life Insurance Company must have
one of the following ratings from two of the following rating organizations:
2

Case 1:23-vv-00293-UNJ Document 39 Filed 04/14/25 Page 5 of 6
purchased,4 subject to the conditions described below, that will provide payments to J.S. as set
forth below:
a. Beginning June 12, 2033, $18,812.99 per year for 10 years certain.
The purchase price of the annuity described in this section II.B. shall neither be greater nor less
than $105,000.00. In the event that the cost of the certain annuity payments set forth above
varies from $105,000.00, the annuity payment set forth above shall be adjusted to ensure that the
total cost of the annuity is neither less nor greater than $105,000.00. Should J.S. predecease
payment of any of the certain payments set forth above, said payments shall be made to his
estate. Written notice to the Secretary of Health and Human Services and to the Life Insurance
Company shall be provided within twenty (20) days of J.S.’s death.
These amounts represent all elements of compensation to which J.S. would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioners agree.5
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;
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.
4 Petitioners authorize the disclosure of certain documents filed by the petitioners in this case
consistent with the Privacy Act and the routine uses described in the National Vaccine Injury
Compensation Program System of Records, No. 09-15-0056.
5 At the time payment is received, J.S. will be an adult, and thus guardianship is not required.
However, petitioners represent that they presently are, or if necessary, will become, authorized to
serve as guardians/conservators of J.S.’s estate as may be required under the laws of the State of
Minnesota.
3

Case 1:23-vv-00293-UNJ Document 39 Filed 04/14/25 Page 6 of 6
III. Summary of Recommended Payments Following Judgment
A. Past Unreimbursable Expenses: $4,817.02
B. An amount of $105,000.00 to purchase the annuity contract
described above in section II.B.
Respectfully submitted,
YAAKOV M. ROTH
Acting Assistant Attorney General, Civil
Division
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
JULIA M. COLLISON
Assistant Director
Torts Branch, Civil Division
s/Neil Bhargava,
NEIL BHARGAVA
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) 305-3989
Neil.bhargava@usdoj.gov
DATED: March 13, 2025
4