VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01064 Package ID: USCOURTS-cofc-1_24-vv-01064 Petitioner: F.M.A. Filed: 2024-07-12 Decided: 2025-04-22 Vaccine: measles, mumps, rubella, and varicella (MMRV) Vaccination date: 2021-09-03 Condition: immune thrombocytopenia purpura (ITP) Outcome: compensated Award amount USD: 37757.75 AI-assisted case summary: On July 12, 2024, Pedro Mora filed a petition on behalf of his minor son, F.M.A. The petition alleged that a measles, mumps, rubella, and varicella (MMRV) vaccination administered on September 3, 2021 caused immune thrombocytopenia purpura. Respondent conceded entitlement in a Rule 4(c) report filed February 24, 2025, stating that F.M.A. suffered ITP, a Vaccine Table condition, and that no other cause for the illness had been identified. Chief Special Master Corcoran granted entitlement on April 1, 2025. The public documents do not state F.M.A.'s exact age at vaccination and do not describe the first signs of ITP, platelet counts, bleeding or bruising history, treatment, hospitalization, or recovery. Damages were resolved by proffer. On April 22, 2025, the Chief Special Master awarded $30,000.00 to purchase an annuity and $7,757.75 for past unreimbursable expenses. The annuity was to provide two future lump-sum payments of $22,953.33, payable on January 19, 2035 and February 19, 2035, with the purchase price fixed at $30,000.00. The total injury compensation awarded was $37,757.75. Theory of causation field: Minor child; MMRV vaccine September 3, 2021; Table ITP. COMPENSATED. Respondent conceded ITP and no factor unrelated/alternative cause; public text does not state exact age or describe clinical ITP course. Entitlement April 1, 2025; damages April 22, 2025. Award $37,757.75 = $30,000.00 annuity purchase for two 2035 lump sums + $7,757.75 past unreimbursable expenses. Petition filed July 12, 2024 by father Pedro Mora. Counsel: Sean Frank Greenwood. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01064-0 Date issued/filed: 2025-05-06 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/01/2025) regarding 21 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01064-UNJ Document 27 Filed 05/06/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1064V PEDRO MORA, for and on behalf of his minor child, F.M.A., Chief Special Master Corcoran Petitioner, Filed: April 1, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Sean Frank Greenwood, Greenwood Law Firm, Houston, TX, for Petitioner. Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 12, 2024, Pedro Mora filed a petition on behalf of his son, F.M.A., a minor child, for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that F.M.A. suffered from immune thrombocytopenia purpura (“ITP”) as a result of a measles, mumps, rubella, and varicella vaccine (“MMRV vaccine”) administered to F.M.A. on September 3, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 24, 2025, 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 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-01064-UNJ Document 27 Filed 05/06/25 Page 2 of 2 1. Specifically, Respondent states that, petitioner has satisfied the criteria set forth in the Table and the Qualifications and Aids to Interpretation (‘QAI’) for ITP following an MMR vaccine, and there is not a factor unrelated that would otherwise explain his condition.” Id. at 10-11. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-01064-cl-extra-11004619 Date issued/filed: 2025-05-06 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10538031 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1064V PEDRO MORA, for and on behalf of his minor child, F.M.A., Chief Special Master Corcoran Petitioner, Filed: April 1, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Sean Frank Greenwood, Greenwood Law Firm, Houston, TX, for Petitioner. Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 12, 2024, Pedro Mora filed a petition on behalf of his son, F.M.A., a minor child, for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that F.M.A. suffered from immune thrombocytopenia purpura (“ITP”) as a result of a measles, mumps, rubella, and varicella vaccine (“MMRV vaccine”) administered to F.M.A. on September 3, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 24, 2025, 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 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). 1. Specifically, Respondent states that, petitioner has satisfied the criteria set forth in the Table and the Qualifications and Aids to Interpretation (‘QAI’) for ITP following an MMR vaccine, and there is not a factor unrelated that would otherwise explain his condition.” Id. at 10-11. 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 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_24-vv-01064-1 Date issued/filed: 2025-05-29 Pages: 6 Docket text: PUBLIC DECISION (Originally filed: 04/22/2025) regarding 24 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01064-UNJ Document 30 Filed 05/29/25 Page 1 of 6 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1064V PEDRO MORA, for and on behalf of his minor child, F.M.A., Chief Special Master Corcoran Petitioner, v. Filed: April 22, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Sean Frank Greenwood, Greenwood Law Firm, Houston, TX, for Petitioner. Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On July 12, 2024, Pedro Mora filed a petition on behalf of his son, F.M.A., a minor child, for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that F.M.A. suffered from immune thrombocytopenia purpura (“ITP”) as a result of a measles, mumps, rubella, and varicella vaccine (“MMRV vaccine”) administered to F.M.A. on September 3, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 1, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On April 22, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $30,000.00 to purchase an annuity contract as set forth in the attached Proffer and a lump sum payment of $7,757.75 for past unreimbursable expenses. Proffer at 2-4. In the Proffer, Respondent represented 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 1:24-vv-01064-UNJ Document 30 Filed 05/29/25 Page 2 of 6 that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner the following: A. An amount of $30,000.00 to purchase the annuity contract described in the attached Proffer, and B. A lump sum payment of $7,757.75, representing compensation for past unreimbursable expenses to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. 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 1:24-vv-01064-UNJ Document 30 Filed 05/29/25 Page 3 of 6 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS PEDRO MORA, for and on behalf of his minor child, F.M.A., Petitioner, No. 24-1064V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On July 12, 2024, Pedro Mora (“petitioner”) filed a petition on behalf of his son, F.M.A, a minor child, for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. § 300aa-1 et seq. (“Vaccine Act” or “Act”). Petitioner alleges that F.M.A. suffered from immune thrombocytopenia purpura (“ITP”) as a result of a measles, mumps, rubella, and varicella vaccine (“MMRV vaccine”) administered to F.M.A. on September 3, 2021. See Petition (“Pet.”) at 1. On February 24, 2025, respondent filed his Vaccine Rule 4(c) report, conceding that F.M.A. suffered from ITP, a Table injury, and that no other causes for such illness have been identified. See Respondent’s Report at 10-11. On April 1, 2025, Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to compensation for F.M.A.’s injury. Respondent now proffers that petitioner be awarded the damages described below. 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. 1 Case 1:24-vv-01064-UNJ Document 30 Filed 05/29/25 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 the compensation provided to F.M.A. should 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:2 A. Pain and Suffering For pain and suffering pursuant to 42 U.S.C. § 300aa-15(a)(4), an amount not to exceed $30,000.00 to purchase an annuity contract,3 paid to the life insurance company4 from which the annuity will be purchased,5 subject to the conditions described below,6 that will provide 2 Should F.M.A. 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, lost future earnings, and future pain and suffering. 3 In respondent’s discretion, respondent may purchase one or more annuity contracts from one or more life insurance companies. 4 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: 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. 5 Petitioner authorizes the disclosure of certain documents filed by petitioner 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. 6 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. Petitioner and petitioner’s heirs, executors, 2 Case 1:24-vv-01064-UNJ Document 30 Filed 05/29/25 Page 5 of 6 payments to F.M.A. as set forth below: a. A certain Lump Sum of $22,953.33 payable on January 19, 2035. b. A certain Lump Sum of $22,953.33 payable on February 19, 2035. The purchase price of the annuity described in this section II.A shall neither be greater nor less than $30,000.00. In the event that the cost of the certain lump sum annuity payments set forth above varies from $30,000.00, the certain lump sums payable on January 19 and February 19, 2035, shall be adjusted to ensure that the total cost of the annuity is neither less than nor greater than $30,000.00. Should F.M.A. predecease payment of any of the certain lump sum 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 F.M.A.’s death. Petitioner agrees. B. Past Non-Reimbursable Expenses Evidence supplied by petitioner documents the expenditure of past unreimbursable expenses related to F.M.A.’s vaccine-related injury. Respondent proffers that petitioner should be awarded a lump sum payment of $7,757.75 representing past unreimbursable expenses to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. These amounts represent all elements of compensation that petitioner or F.M.A. would be entitled to under 42 U.S.C. § 300aa-15(a). Petitioner agrees.7 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. 7 At the time payment is received, F.M.A. will be an adult, and thus guardianship is not required. 3 Case 1:24-vv-01064-UNJ Document 30 Filed 05/29/25 Page 6 of 6 III. Summary of Recommended Payments Following Judgment A. An amount of $30,000.00 to purchase the annuity contract described above in section II.A. $30,000.00 B. A lump sum payment of $7,757.75, representing compensation for past unreimbursable expenses to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. $7,757.75 Respectfully submitted, YAAKOV M. ROTH Acting Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division VORIS E. JOHNSON, JR. Assistant Director Torts Branch, Civil Division /s/ Julianna R. Kober Julianna R. Kober 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) 742-6375 Julianna.R.Kober@usdoj.gov Date: April 22, 2025 4 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_24-vv-01064-cl-extra-11061535 Date issued/filed: 2025-05-29 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10594947 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1064V PEDRO MORA, for and on behalf of his minor child, F.M.A., Chief Special Master Corcoran Petitioner, v. Filed: April 22, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Sean Frank Greenwood, Greenwood Law Firm, Houston, TX, for Petitioner. Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On July 12, 2024, Pedro Mora filed a petition on behalf of his son, F.M.A., a minor child, for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that F.M.A. suffered from immune thrombocytopenia purpura (“ITP”) as a result of a measles, mumps, rubella, and varicella vaccine (“MMRV vaccine”) administered to F.M.A. on September 3, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 1, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On April 22, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $30,000.00 to purchase an annuity contract as set forth in the attached Proffer and a lump sum payment of $7,757.75 for past unreimbursable expenses. Proffer at 2-4. In the Proffer, Respondent represented 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). that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner the following: A. An amount of $30,000.00 to purchase the annuity contract described in the attached Proffer, and B. A lump sum payment of $7,757.75, representing compensation for past unreimbursable expenses to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS PEDRO MORA, for and on behalf of his minor child, F.M.A., Petitioner, No. 24-1064V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. PROFFER ON AWARD OF COMPENSATION 1 I. Procedural History On July 12, 2024, Pedro Mora (“petitioner”) filed a petition on behalf of his son, F.M.A, a minor child, for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. § 300aa-1 et seq. (“Vaccine Act” or “Act”). Petitioner alleges that F.M.A. suffered from immune thrombocytopenia purpura (“ITP”) as a result of a measles, mumps, rubella, and varicella vaccine (“MMRV vaccine”) administered to F.M.A. on September 3, 2021. See Petition (“Pet.”) at 1. On February 24, 2025, respondent filed his Vaccine Rule 4(c) report, conceding that F.M.A. suffered from ITP, a Table injury, and that no other causes for such illness have been identified. See Respondent’s Report at 10-11. On April 1, 2025, Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to compensation for F.M.A.’s injury. Respondent now proffers that petitioner be awarded the damages described below. 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. 1 II. Items of Compensation and Form of the Award Based upon the evidence of record, respondent proffers, and the parties recommend, that the compensation provided to F.M.A. should 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: 2 A. Pain and Suffering For pain and suffering pursuant to 42 U.S.C. § 300aa-15(a)(4), an amount not to exceed $30,000.00 to purchase an annuity contract, 3 paid to the life insurance company 4 from which the annuity will be purchased, 5 subject to the conditions described below, 6 that will provide 2 Should F.M.A. 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, lost future earnings, and future pain and suffering. 3 In respondent’s discretion, respondent may purchase one or more annuity contracts from one or more life insurance companies. 4 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: 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. 5 Petitioner authorizes the disclosure of certain documents filed by petitioner 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. 6 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. Petitioner and petitioner’s heirs, executors, 2 payments to F.M.A. as set forth below: a. A certain Lump Sum of $22,953.33 payable on January 19, 2035. b. A certain Lump Sum of $22,953.33 payable on February 19, 2035. The purchase price of the annuity described in this section II.A shall neither be greater nor less than $30,000.00. In the event that the cost of the certain lump sum annuity payments set forth above varies from $30,000.00, the certain lump sums payable on January 19 and February 19, 2035, shall be adjusted to ensure that the total cost of the annuity is neither less than nor greater than $30,000.00. Should F.M.A. predecease payment of any of the certain lump sum 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 F.M.A.’s death. Petitioner agrees. B. Past Non-Reimbursable Expenses Evidence supplied by petitioner documents the expenditure of past unreimbursable expenses related to F.M.A.’s vaccine-related injury. Respondent proffers that petitioner should be awarded a lump sum payment of $7,757.75 representing past unreimbursable expenses to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. These amounts represent all elements of compensation that petitioner or F.M.A. would be entitled to under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 7 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. 7 At the time payment is received, F.M.A. will be an adult, and thus guardianship is not required. 3 III. Summary of Recommended Payments Following Judgment A. An amount of $30,000.00 to purchase the annuity contract described above in section II.A. $30,000.00 B. A lump sum payment of $7,757.75, representing compensation for past unreimbursable expenses to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. $7,757.75 Respectfully submitted, YAAKOV M. ROTH Acting Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division VORIS E. JOHNSON, JR. Assistant Director Torts Branch, Civil Division /s/ Julianna R. Kober Julianna R. Kober 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) 742-6375 Julianna.R.Kober@usdoj.gov Date: April 22, 2025 4 ================================================================================ DOCUMENT 5: USCOURTS-cofc-1_24-vv-01064-cl-extra-11216398 Date issued/filed: 2025-12-09 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10749813 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1064V PEDRO MORA, for and on behalf of his minor child, F.M.A., Chief Special Master Corcoran Petitioner, Filed: November 4, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Sean Frank Greenwood, Greenwood Law Firm, Houston, TX, for Petitioner. Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On July 12, 2024, Pedro Mora filed a petition on behalf of his son, F.M.A., a minor child, filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). Petitioner alleged that F.M.A. suffered from immune thrombocytopenia purpura as a result of a measles, mumps, rubella, and varicella vaccine administered to F.M.A. on September 3, 2021. Petition, ECF No. 1. On April 22, 2025, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 24. 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 inf ormation, 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 f rom 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 ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $25,574.56 (representing $24,778.40 in fees plus $796.16 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed July 22, 2025, ECF No. 31. Furthermore, counsel for Petitioner represents that no personal out-of-pocket expenses were incurred. ECF No. 31. Respondent reacted to the motion on August 5, 2025, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Motion at 2-4, ECF No. 32. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 31-3. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total amount of $25,574.56 (representing $24,778.40 in fees plus $796.16 in costs) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall 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), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 2