DELANEY v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1620V ************************* * NICHOLAS DELANEY and * KRYSTAL DELANEY, as parents * Chief Special Master Corcoran And guardians of C.M.D., * * Petitioners, * Filed: December 3, 2024 * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************* Kathleen M. Loucks, Lommen Abdo Law Firm, Minneapolis, MN, for Petitioner.

Bridget Corridon, U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1 On July 27, 2021, Nicholas and Krystal Delaney, on behalf of their minor child, C.M.D., filed a petition for compensation under the National Vaccine Injury Compensation Program (the “Vaccine Program”). 2 Petitioners allege that C.M.D. suffered chronic immune thrombocytopenia purpura (“ITP”) as a result of his July 27, 2018, receipt of the diphtheria-tetanus-acellular-pertussis (“DTaP”), Hepatitis B (“Hep B”), inactivated poliovirus (“IPV”), and/or pneumococcal conjugate (“PCV-13”) vaccines. Moreover, Petitioners allege that C.M.D. experienced residual effects of this condition for more than six months.

Under Vaccine Rule 18(b), each party has fourteen (14) days within which to request 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). Otherwise, the whole Decision will be available to the public in its present form. Id. The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).

Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

Respondent denies that C.M.D.’s alleged ITP or its residual effects were caused-in-fact by the DTaP, Hep B, IPV, and/or PCV-13 vaccines. Respondent also denies that the DTaP, Hep B, IPV, and/or PCV-13 vaccines caused C.M.D. to suffer any other injury or her current condition.

Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on December 3, 2024) that the issues before them could be settled, and that a decision should be entered awarding Petitioners compensation.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.

The stipulation awards: • A lump sum of $50,000.00 in the form of a check payable to Petitioners as guardians/conservators of C.M.D.’s estate; and • A lump sum of $1,658.19 in the form of a check payable to Petitioners.

Stipulation ¶ 8. These amounts represent compensation for all damages that would be available under Section 15(a) of the Act.

I approve a Vaccine Program award in the requested amounts set forth above to be made to Petitioners. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith. 3

IT IS SO ORDERED.

/s/ Brian H. Corcoran Brian H. Corcoran Chief Special Master

Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review.