S.W. v. HHS - DTaP, seizure disorder and developmental delay (2016)

On September 9, 2005, William Walsh and Christen Walsh, parents of S.W., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that a diphtheria-tetanus-acellular pertussis (DTaP) vaccine administered on September 19, 2002, caused S.W. to suffer a seizure disorder and developmental delay.

In the alternative, they alleged that the DTaP vaccine significantly aggravated S.W.'s seizure disorder and developmental delay. Respondent denied that the vaccine caused or significantly aggravated S.W.'s seizure disorder, developmental delays, or any other injury or his current condition.

Nevertheless, the parties filed a joint stipulation on November 21, 2016, agreeing to resolve the case by stipulation. The stipulation required that petitioners represent they were, or within 90 days would become, duly authorized guardians or conservators of S.W.'s estate.

Payment would not be made until documentation of this appointment was provided to the Secretary. If petitioners were not appointed, payment would be made to the duly appointed guardian or conservator upon submission of documentation.

Special Master Thomas L. Gowen adopted the stipulation on November 22, 2016.

Petitioners were awarded a lump sum payment of $200,000.00, payable to William Walsh and Christen Walsh as legal guardians/conservators of S.W. This amount represented compensation for all damages available under the Vaccine Act.

The public decision does not provide S.W.'s exact age at vaccination, onset date of symptoms, clinical course, or expert causation analysis. Ronald Homer of Conway, Homer & Chin-Caplan, P.C. represented the petitioners, and Linda Sara Renzi represented the respondent.