Aiden Drake Follett v. HHS - DTaP, death allegedly following DTaP, Hib, pneumococcal conjugate, and polio vaccines (2014)

Filed 2006-09-25Decided 2014-11-26Vaccine DTaP
compensated$67,500death

Case summary [AI summaries can sometimes make mistakes]

On September 25, 2006, Melissa and Paul Follett filed a petition under the National Vaccine Injury Compensation Program on behalf of their deceased son, Aiden Follett. The case caption was later amended to identify Melissa Atwood as the sole petitioner and personal representative of the estate of Aiden Drakose Exavier Follett.

Petitioners alleged that Aiden died as a result of diphtheria-tetanus-pertussis (DTaP), Haemophilus Influenzae Type B (Hib), pneumococcal conjugate, and polio vaccines administered on September 24, 2004. Respondent denied that Aiden suffered any injury as a result of the vaccinations or that any vaccine was a cause or contributing factor in his death.

The parties subsequently filed a joint stipulation for compensation. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the Court's decision on November 26, 2014.

The compensation awarded was a lump sum of $67,500.00, payable to the petitioner, representing all damages available under the Vaccine Act. The public record does not specify Aiden's date of birth, exact age, date of death, pre-vaccination health status, symptoms following vaccination, emergency medical response, autopsy findings, treating physicians, or expert opinions.

Petitioner was represented by Robert T. Moxley of Cheyenne, Wyoming.

Respondent was represented by Michael Milmoe of the United States Department of Justice. On July 16, 2015, Special Master Hamilton-Fieldman issued a separate decision awarding $31,142.00 in attorneys' fees and costs, payable jointly to the petitioner and her counsel, based on a stipulation filed by the parties.

Theory of causation

The petition alleged that Aiden Follett died as a result of DTaP, Hib, pneumococcal conjugate, and polio vaccines administered on September 24, 2004. The respondent denied any vaccine-related injury or causation of death. The parties reached a joint stipulation for compensation, which Special Master Lisa Hamilton-Fieldman adopted on November 26, 2014. The public record does not contain details regarding the specific biological mechanism of injury, expert testimony, clinical course, autopsy findings, or other medical evidence. The compensation award was $67,500.00. A subsequent decision on July 16, 2015, awarded $31,142.00 in attorneys' fees and costs. Petitioner's counsel was Robert T. Moxley; respondent's counsel was Michael Milmoe. Special Master Lisa Hamilton-Fieldman presided over both decisions.

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