VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00439 Package ID: USCOURTS-cofc-1_23-vv-00439 Petitioner: A.B. Filed: 2023-03-29 Decided: 2025-04-11 Vaccine: measles, mumps, and rubella (MMR) Vaccination date: 2020-07-09 Condition: immune thrombocytopenic purpura (ITP) Outcome: compensated Award amount USD: 125000 AI-assisted case summary: On March 29, 2023, the petitioner filed for compensation on behalf of A.B., a minor child, alleging that A.B. developed immune thrombocytopenic purpura (ITP) after receiving measles, mumps, and rubella (MMR) on July 9, 2020. Respondent denied that A.B. sustained a Table ITP injury, denied vaccine causation, and denied vaccine-related sequelae. The public stipulation identifies A.B. as a minor child but does not state her exact age, date of birth, platelet counts, bleeding symptoms, hospital care, or treatment. On April 11, 2025, Special Master Thomas L. Gowen adopted the parties' stipulation or proffer, found the disposition reasonable on the record before the Court, and awarded $125,000.00 to purchase an annuity contract. Petitioner was represented by Edward Kraus, Kraus Law Group, LLC, Chicago, IL. Theory of causation field: measles, mumps, and rubella (MMR) vaccine on July 9, 2020 (minor child; exact age not stated) allegedly causing immune thrombocytopenic purpura (ITP). COMPENSATED. Respondent denied that A.B. sustained a Table ITP injury, denied vaccine causation, and denied vaccine-related sequelae. The public stipulation identifies A.B. as a minor child but does not state her exact age, date of birth, platelet counts, bleeding symptoms, hospital care, or treatment. Award/status: $125,000.00 to purchase an annuity contract. Special Master Thomas L. Gowen; petition filed March 29, 2023; decision April 11, 2025. Attorney: Edward Kraus, Kraus Law Group, LLC, Chicago, IL. No expert causation analysis in public stipulation/proffer. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00439-0 Date issued/filed: 2026-03-31 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 04/11/2025) regarding 44 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (jjr) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00439-UNJ Document 53 Filed 03/31/26 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: April 11, 2025 * * * * * * * * * * * * * TRACY BARNHART * parent of A.B., a minor, * * Petitioner, * No. 23-439V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Edward Kraus, Kraus Law Group, LLC, Chicago, IL, for petitioner. Mary Novakovic, U.S. Dept. of Justice, Washington, DC, for respondent. DECISION ON STIPULATION1 On March 29, 2023, Tracy Barnhart (“petitioner”), filed a Petition for Compensation in the National Vaccine Injury Compensation Program on behalf of her minor child A.B. 2 See Petition (ECF No. 1). Petitioner alleged that A.B. suffered from immune thrombocytopenic purpura (“ITP”) as a result of the measles, mumps, and rubella (“MMR”) vaccine she received on July 9, 2020. Id. at Preamble, ¶ 2. On April 10, 2025, respondent filed a Stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation ¶ 7 (ECF No. 43). Respondent “denies that A.B. sustained an ITP Table injury, denies that the vaccine caused A.B.’s alleged ITP, or any other injury, and denies that A.B.’s current condition is a sequela of a vaccine related injury.” Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties “now agree 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:23-vv-00439-UNJ Document 53 Filed 03/31/26 Page 2 of 9 that the issues between them shall be settled and that a decision should be entered awarding” compensation according to the terms of the Stipulation attached hereto as Appendix A. Id. at ¶ 7. The Stipulation provides: 1) An amount of $125,000.00 to purchase the annuity contract described in paragraph 10 below, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”), This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. at ¶ 8. I adopt the parties’ Stipulation attached hereto and award compensation in the amount and on the terms set forth therein. Accordingly, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the Stipulation and this Decision.3 IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). Case 1:23-vv-00439-UNJ Document 53 Filed 03/31/26 Page 3 of 9 Case 1:23-vv-00439-UNJ Document 53 Filed 03/31/26 Page 4 of 9 Case 1:23-vv-00439-UNJ Document 53 Filed 03/31/26 Page 5 of 9 Case 1:23-vv-00439-UNJ Document 53 Filed 03/31/26 Page 6 of 9 Case 1:23-vv-00439-UNJ Document 53 Filed 03/31/26 Page 7 of 9 Case 1:23-vv-00439-UNJ Document 53 Filed 03/31/26 Page 8 of 9 Case 1:23-vv-00439-UNJ Document 53 Filed 03/31/26 Page 9 of 9