United States Court of Federal Claims, 2025

DELANEY v. SECRETARY OF HEALTH AND HUMAN SERVICES

United States Court of Federal Claims · Decided January 2, 2025 · Brian H. Corcoran

Opinion

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.

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

1 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. 2 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). 3 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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.