R.T. v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-683V Filed: September 12, 2014

************************* R.T., deceased, by her father, * THOMAS M. TAFOYA *

* Petitioner, * Ruling on Entitlement; Concession;

* MMR; Varicella; Underlying v. * Immunodeficiency; Disseminated

* Viremia; Death *

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

*************************

RULING ON ENTITLEMENT1 Vowell, Special Master:

On July 31, 2014, Thomas Tafoya filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the “Vaccine Act” or “Program”] on behalf of the estate of his minor daughter, R.T The petition alleges that as a result of the administration of hepatitis A [“Hep-A”], measles- mumps-rubella [“MMR”], Varicella, Haemophilus Influenzae Type b [“Hib”], and pneumococcal conjugate [“Prevnar” or “PCV13”] vaccinations on July 10, 2013, R.T. suffered severe injuries and death. Petition at 1.

On September 11, 2014, respondent filed her Rule 4(c) Report [“Respondent’s Report”], in which she concedes that petitioner is entitled to compensation in this case. Respondent’s Report at 9. Specifically, respondent submits that “the medical records support the conclusion that the MMR and varicella vaccinations caused R.T.’s death. The records indicate that R.T. had an underlying immunodeficiency, and the administration of live varicella and MMR vaccines likely caused her to develop disseminated viremia, leading to her subsequent death.” Id. at 8. Respondent notes that no evidence of an alternative cause of R.T.’s death exists in the record. Id.

In view of respondent’s concession and the evidence before me, I find that petitioner is entitled to compensation. s/Denise K. Vowell Denise K. Vowell Special Master