Ilnicky v. Secretary of Health and Human Services
16-1213
Fed. Cl.Jun 15, 2017Background
- 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No cases with official reporter citations were cited in this unpublished ruling.
