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Ilnicky v. Secretary of Health and Human Services
16-1213
Fed. Cl.
Jun 15, 2017
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Background

  • Petitioners Rebecca and Odin Ilnicky filed a Vaccine Act claim on behalf of their minor child S.I., alleging that an MMR vaccine administered on June 23, 2015 caused Idiopathic Thrombocytopenia Purpura (ITP).
  • The case was assigned to the Office of Special Masters’ Special Processing Unit (SPU).
  • Respondent filed a Rule 4(c) Report conceding entitlement to compensation, stating S.I.’s injury is consistent with ITP as defined in the Vaccine Injury Table.
  • Respondent noted S.I.’s ITP manifested between seven and thirty days after vaccination, giving petitioners the Table presumption of causation.
  • Respondent did not identify any alternative causes for S.I.’s ITP and concluded petitioners met the statutory six-month residual requirement.
  • The Chief Special Master accepted respondent’s concession and found petitioners entitled to compensation.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Table causation (MMR → ITP) MMR caused S.I.’s ITP; timing fits Table window Concedes timing and consistency with Table injury Concession accepted; Table presumption applies
Alternative causes No other causes identified in medical record Respondent identified none No alternative cause found
Six-month residual requirement S.I. suffered required six months of residuals Respondent agrees statutory requirement met Requirement satisfied
Entitlement to compensation Petitioners seek Vaccine Act compensation Respondent concedes entitlement based on record Petitioners entitled to compensation

Key Cases Cited

No cases with official reporter citations were cited in this unpublished ruling.

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Case Details

Case Name: Ilnicky v. Secretary of Health and Human Services
Court Name: United States Court of Federal Claims
Date Published: Jun 15, 2017
Docket Number: 16-1213
Court Abbreviation: Fed. Cl.