August Stefkovich v. HHS - MMR, seizure disorder resulting in global developmental delay (2015)

On April 14, 2005, August Stefkovich filed a petition under the National Vaccine Injury Compensation Program on behalf of his minor child, N.S. The petition alleged that N.S. received a measles-mumps-rubella (MMR) vaccine and a varicella vaccine on April 9, 2002.

Petitioner claimed that following these vaccinations, N.S. developed a seizure disorder that resulted in global developmental delay, and that N.S. experienced residual effects from this injury for more than six months. The public decision does not provide details regarding N.S.'s exact age at the time of vaccination, the specific onset date of symptoms, the clinical course of the alleged condition, or the treatment history.

No expert causation analysis is described in the public damages decision. The case was resolved through a joint stipulation on damages, filed on May 11, 2015.

In the stipulation, the respondent denied that N.S.'s seizure disorder, developmental delay, or any other injury was caused in fact by the MMR and varicella vaccinations, and also denied that her current disabilities were sequelae of the alleged injuries. Despite these denials, the parties agreed to resolve the case on the stipulated terms.

Special Master Thomas L. Gowen reviewed and adopted the stipulation on May 12, 2015, finding the terms reasonable.

A lump sum award of $550,000.00 was granted, payable to August Stefkovich as guardian or conservator of N.S.'s estate. This amount was stated to represent all damages available under the Vaccine Act.

Judgment was ordered in accordance with the stipulation. The decision includes standard notice regarding the parties' right to request redaction of private medical information.