Natalia Glaser v. HHS - DTaP, encephalopathy and other neurological injuries (2015)

On November 13, 2006, Natalia Glaser filed a petition on behalf of her minor son, M.G., seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that M.G. developed encephalopathy and other neurological injuries as a result of receiving the Diphtheria-Tetanus-acellular Pertussis (DTaP) vaccine on or about December 1, 2003, and that the residual effects lasted more than six months.

The respondent denied that the DTaP vaccine caused M.G.'s injuries or that his disabilities were a sequela of a vaccine-related injury. Despite these opposing positions, the parties agreed to resolve the case through a stipulated settlement, described by Special Master Brian H.

Corcoran as a "protracted litigative risk settlement process." Petitioner's counsel was Paul S. Dannenberg.

Respondent's counsel was Glenn A. MacLeod.

The parties filed a stipulation on July 27, 2015. Special Master Corcoran issued a decision on December 16, 2015, adopting the stipulation as the court's damages award.

The total compensation awarded was $1,261,000. This amount was structured as follows: $622,061.54 for first-year life care expenses and trust seed funds, paid to Counsel Trust as trustee of a grantor revisionary trust for M.G.'s benefit; $533,452.33 for partial lost future earnings and pain and suffering, paid to Natalia Glaser as guardian/conservator of M.G.'s estate; $26,459.50 for past unreimbursable expenses, paid directly to Natalia Glaser; $22,002.61 for reimbursement of a California Medicaid lien, paid jointly to petitioner and the California Department of Health Care Services; and an unspecified amount to purchase an annuity contract for the balance.

Petitioner later moved for reconsideration of the attorney's fees and costs award. In a decision dated August 25, 2016, Special Master Corcoran granted the motion, vacating his prior decision and recalculating the award.

The final award for attorney's fees and costs was $158,430.31, paid jointly to Petitioner and her counsel, Paul Dannenberg, Esq., plus $2,000.00 in direct costs payable to Petitioner. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the names of all medical experts beyond those involved in the fee calculation.