N.S. v. HHS - DTaP, seizure disorder (2014)

On January 24, 2007, Jed and Lilia Snyder, parents of N.S., a minor, filed a petition for compensation under the National Childhood Vaccine Injury Act. They alleged that their child received a diphtheria-tetanus-acellular pertussis (DTaP) vaccination on March 4, 2005, and subsequently developed a seizure disorder, which they contended was caused by the vaccination.

Special Master Christian J. Moran initially denied compensation on May 27, 2011.

Subsequently, the Court of Federal Claims reversed this decision and remanded the case with instructions to determine damages, leading to a damages decision based on the parties' proffer on January 8, 2013. However, on January 28, 2014, the Federal Circuit reversed the Court of Federal Claims' ruling, holding that the petitioners were not entitled to compensation under the Vaccine Act.

Despite the ultimate denial of compensation, the court awarded attorneys' fees and costs because the petition had been brought in good faith and with a reasonable basis, particularly given the earlier Court of Federal Claims ruling that had directed compensation. On June 2, 2014, Special Master Christian J.

Moran issued a decision awarding fees and costs totaling $222,801.98. This amount included a lump sum payment of $222,338.11 payable jointly to petitioners Jed Snyder and Lilia Snyder and their attorney, Ronald C.

Homer of Conway, Homer & Chin-Caplan, P.C., for attorneys' fees and costs. Additionally, a lump sum payment of $463.87 was awarded to petitioners Jed Snyder and Lilia Snyder for their costs.

The respondent did not object to this total award. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury alleged beyond the general claim of a seizure disorder caused by the DTaP vaccine.

The attorneys for the petitioner were Ronald C. Homer, and the attorney for the respondent was Voris E.

Johnson.