Kelly Butland v. HHS - MMR, Opsoclonus Myoclonus syndrome (“OMS”) (2015)

On February 16, 2007, Kelly Butland, as the legal representative of her minor daughter L.B., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that L.B. developed Opsoclonus Myoclonus syndrome (OMS) following the administration of measles-mumps-rubella (MMR) and varicella vaccines on December 22, 2004.

A previously assigned special master ruled on June 19, 2009, that L.B. was entitled to compensation. The respondent maintained a contrary position but agreed not to seek review of the entitlement determination after it was memorialized as a reviewable decision.

On March 4, 2015, the parties filed a joint stipulation regarding damages, which Special Master Lisa Hamilton-Fieldman adopted as the court's decision on March 6, 2015. The award included a lump sum of $437,534.71, representing compensation for lost future earnings and pain and suffering ($425,000.00) and first-year life care expenses ($12,534.71), payable to Petitioner as guardian or conservator of L.B.'s estate.

Additionally, Petitioner received $6,281.00 for past unreimbursable expenses. Two lien payments were ordered: $13,034.00 payable jointly to Petitioner and Holloway Credit Solutions, LLC, and $6,210.00 payable jointly to Petitioner and Children's Hospital.

The stipulation also provided for an annuity, the purchase price of which was not stated. Petitioner was represented by Curtis R.

Webb. Separately, on March 19, 2015, the parties filed a stipulation for attorneys' fees and costs, which Special Master Hamilton-Fieldman approved on March 20, 2015.

The award for attorneys' fees and costs was $130,000.00, payable jointly to Petitioner and her counsel, Curtis R. Webb.

The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the specific mechanism of causation. The Special Master adopted the parties' stipulation for damages and attorneys' fees and costs.