VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00115 Package ID: USCOURTS-cofc-1_24-vv-00115 Petitioner: N.J.R. Filed: 2024-12-05 Decided: 2025-01-06 Vaccine: MMRV Vaccination date: 2021-04-02 Condition: idiopathic thrombocytopenia purpura (ITP) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: On December 5, 2024, Juli-Rae Reeves, as the parent and legal representative of her minor son N.J.R., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that N.J.R. developed idiopathic thrombocytopenia purpura (ITP) as a result of receiving the diphtheria, tetanus, and acellular pertussis (DTaP), inactivated polio (IPV), and/or measles, mumps, rubella, and varicella (MMRV) vaccines on April 2, 2021. It was further alleged that N.J.R. suffered residual effects from the condition for more than six months, and that no prior award or settlement had been made on his behalf. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 4, 2024, conceding that N.J.R. is entitled to compensation. The respondent specifically stated that N.J.R. satisfied the criteria for ITP following the administration of vaccines containing measles, mumps, and rubella virus, including the MMRV vaccine, as set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. The respondent also agreed that N.J.R. suffered residual effects for more than six months, meeting all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that N.J.R. is entitled to compensation. The specific amount of damages is to be determined at a later date. Petitioner was represented by Elizabeth Martin Muldowney of Sands Anderson PC, and respondent was represented by Emily Hanson of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of causation. Theory of causation field: The petitioner alleged that N.J.R., a minor, developed idiopathic thrombocytopenia purpura (ITP) following administration of the DTaP, IPV, and/or MMRV vaccines on April 2, 2021. The respondent conceded entitlement, stating that the petitioner satisfied the criteria set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation for ITP following administration of vaccines containing measles, mumps, and rubella virus, including the MMRV vaccine. The respondent also agreed that N.J.R. suffered residual effects for more than six months. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 6, 2025, finding N.J.R. entitled to compensation, with damages to be determined. The public text does not name specific experts or detail the medical mechanism of causation beyond referencing the Vaccine Injury Table. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00115-0 Date issued/filed: 2025-01-06 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/05/2024) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00115-UNJ Document 32 Filed 01/06/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-115V JULI-RAE REEVES, as Parent and Chief Special Master Corcoran Legal Representative of her Minor Son, N.J.R., Filed: December 5, 2024 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA, for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 26, 2024, Juli-Rae Reeves (“petitioner”) 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 N.J.R., a minor child. Petitioner alleges that N.J.R. suffers from idiopathic thrombocytopenia purpura (“ITP”) as a result of the diphtheria, tetanus, and acellular pertussis (“DTaP”), inactivated polio (“IPV”), and/or measles, mumps, rubella, and varicella (“MMRV”) vaccines administered to N.J.R. on April 2, 2021. Petition at 1. Petitioner further alleges Petitioner further alleges that N.J.R. suffered the residual effects of his injury for more than six months, and that there has 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 1:24-vv-00115-UNJ Document 32 Filed 01/06/25 Page 2 of 2 been no prior award or settlement of a civil action on his behalf as a result of his injury. See Petition at ¶¶ 28-29. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 4, 2024, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent states that [i]t is respondent’s position that petitioner has satisfied the criteria set forth in the Table and the Qualifications and Aids to Interpretation (“QAI”) for ITP following the administration of vaccines containing measles, mumps, and rubella virus or any of its components, including the MMRV vaccine. See 42 C.F.R. §§ 100.3(a)(III), (IV), and (V), 100.3(c)(7). Additionally, based on the medical records outlined above, N.J.R. suffered the residual effects of his condition for more than six months. Therefore, based on the record as it now stands, petitioner has satisfied all legal prerequisites for compensation under the Act. See 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(i). Id. at 5. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2