Dye v. Secretary of Health and Human Services
Opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS Filed: February 25, 2026
* * * * * * * * * * * * * * * * NATOSHA DYE, parent of K.A., a minor, *
* Petitioner, * No. 21-2103V
* v. * Special Master Young
* SECRETARY OF HEALTH * AND HUMAN SERVICES, *
* Respondent. *
* * * * * * * * * * * * * * * * Edward Kraus, Kraus Law Group, LLC, Chicago, IL, for Petitioner.
Camille Michelle Collett, United States Department of Justice, Washington, DC, for Respondent.
DECISION 1
On October 29, 2021, Natosha Dye (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program 2 on behalf of her minor child, K.A. 42 U.S.C. §§ 300aa-10 to -34 (2018); Pet., ECF No. 1. Petitioner alleged that K.A. suffered from immune thrombocytopenic purpura (“ITP”) as a result of an influenza (“flu”) vaccine K.A. received on November 8, 2018. Id.
On February 25, 2026, the parties filed a stipulation (attached as Appendix A) in which they state that a decision should be entered awarding compensation to Petitioner. Stipulation ¶ 7, ECF No. 56. Respondent “denies that K.A.’s alleged ITP or its residual effects were caused-in- fact by the flu vaccine; and denies that the flu vaccine caused K.A. any other injury or K.A.’s current condition.” Id. ¶ 6. Nevertheless, the parties agree to the joint stipulation. See id. ¶ 7. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
(a) A lump sum of $80,000.00, to be paid through an ACH deposit to
Petitioner’s counsel’s IOLTA account for prompt disbursement to
Petitioner as guardian/conservator of K.A.’s estate.
Id. ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).
I approve the requested amount for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3
IT IS SO ORDERED. s/Herbrina D. S. Young Herbrina D. S. Young Special Master
Case-law data current through September 30, 2026. Source: CourtListener bulk data.