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Vaccine Injury Compensation Program Denies Claim for Immune Thrombocytopenia Purpura (ITP)

Strategic Insights

— 1 min read

Cortney Perez and Javiere Valdez, on behalf of their minor child E.V., petitioned the United States Court of Federal Claims under the National Vaccine Injury Compensation Program, alleging that E.V. suffered immune thrombocytopenia purpura (ITP) as a result of receiving the diphtheria tetanus acellular pertussis (DTaP), Hepatitis B, polio inactivated virus (IPV), Hepatitis A, and measles mumps rubella (MMR) vaccines on October 15, 2020. Despite filing all relevant evidence and waiving their right to a hearing or further proceedings, the petition was denied due to insufficient proof.

Key Takeaways:

  • The petition was filed on November 16, 2021, under the National Vaccine Injury Compensation Program, on behalf of E.V., a minor child, alleging ITP as a result of receiving the DTaP, Hepatitis B, IPV, Hepatitis A, and MMR vaccines.
  • The petitioners waived their right to a hearing or further proceedings, stating they understood the motion would result in an unfavorable decision leading to a judgment against them.
  • The court examined the record and found no medical records or medical opinions sufficient to demonstrate entitlement to compensation.
  • To receive compensation, petitioners must prove either a "Table Injury" or that the injury was actually caused by a covered vaccine, and the injury must satisfy the statutory severity requirement.
  • The court denied the petition due to insufficient proof, dismissing the case in accordance with 42 U.S.C. § 300aa-15(a).

Statistics:

  • 42 U.S.C. § 300aa-10, et seq., the Vaccine Act, governs the petition.
  • November 16, 2021, the date the petition was filed.
  • October 15, 2020, the date E.V. received the vaccines.
  • 14 days, the timeframe within which petitioners must identify and move to redact medical or other information to be made publicly accessible.

Sources:

  • United States Court of Federal Claims
  • 42 U.S.C. § 300aa-10, et seq. (the Vaccine Act)
  • Vaccine Rule 12(d)(3)(A)
  • Vaccine Rule 18(b)

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