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  5. Oaks ex rel. R.O. v. Secretary of Health and Human Services, 19-0309V. (2019)

Oaks ex rel. R.O. v. Secretary of Health and Human Services, 19-0309V. (2019)

Court: United States Court of Federal Claims Number: infdco20190819627 Visitors: 24
Filed: May 23, 2019
Latest Update: May 23, 2019
Summary: UNPUBLISHED RULING ON ENTITLEMENT 1 NORA BETH DORSEY , Chief Special Master . On February 27, 2019, Kathryn Oaks and Luke Oaks ("petitioners") filed a petition on behalf of R.O., a minor child, for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., 2 (the "Vaccine Act"). Petitioners allege that R.O. suffers from immune thrombocytopenia purpura ("ITP") as a result of a measles, mumps, rubella, and varicella vaccine ("MMRV vaccine") admini
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UNPUBLISHED

RULING ON ENTITLEMENT1

On February 27, 2019, Kathryn Oaks and Luke Oaks ("petitioners") filed a petition on behalf of R.O., a minor child, for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the "Vaccine Act"). Petitioners allege that R.O. suffers from immune thrombocytopenia purpura ("ITP") as a result of a measles, mumps, rubella, and varicella vaccine ("MMRV vaccine") administered to R.O. on August 15, 2016. See generally petition. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On May 23, 2019, respondent filed his Rule 4(c) report in which he concedes that petitioners are entitled to compensation in this case. Respondent's Rule 4(c) Report at 1. Specifically, respondent states that petitioners have satisfied the criteria set forth in the Table and the Qualifications and Aids to Interpretation Id. at 8.

In view of respondent's position and the evidence of record, the undersigned finds that petitioners are entitled to compensation.

IT IS SO ORDERED.

FootNotes


1. The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This means the ruling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. Because this unpublished ruling contains a reasoned explanation for the action in this case, undersigned is required to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services).
2. National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.
Source:  Leagle
Lawyers who claimed
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Citations
19-0309V.
Counsels
  • Brenton Aaron Elswick
  • Kyle Edward Pozza
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