K.S.W. v. HHS - Pediarix, refractory mixed seizure disorder (2014)
Case summary [AI summaries can sometimes make mistakes]
On February 6, 2008, Michael B. Waters and Kim K.
Waters, as parents and legal representatives of their minor son, K.S.W., filed a petition under the National Vaccine Injury Compensation Program. They alleged that K.S.W. suffered from a refractory mixed seizure disorder caused by his receipt of the Pediarix vaccine (containing DTaP, hepatitis B, and IPV vaccines), the pneumococcal conjugate vaccine (Prevnar), and the Haemophilus influenza type B (HiB) vaccine on February 19, 2005.
The respondent is the Secretary of Health and Human Services. On January 7, 2014, Special Master Nora Beth Dorsey issued a decision denying compensation.
However, on April 25, 2014, the parties filed a joint stipulation concerning attorneys' fees and costs. The stipulation agreed to an award for petitioners in the amount of $200,734.36 for attorneys' fees and costs.
Petitioners' counsel, David Terzian of Rawls McNelis & Mitchell, represented that petitioners advanced $734.36 in out-of-pocket expenses. Special Master Dorsey granted the request for approval and payment of attorneys' fees and costs, ordering an award of $200,000.00 jointly payable to the petitioners and Mr.
David Terzian, and $734.36 payable to the petitioners only. The decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.
The public decision does not name the attorneys for the respondent.
Theory of causation
Petitioners alleged that K.S.W. suffered from a refractory mixed seizure disorder caused by receipt of the Pediarix vaccine (containing DTaP, Hep B, and IPV), Prevnar, and HiB vaccines on February 19, 2005. The Special Master initially denied compensation on January 7, 2014. Subsequently, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $200,734.36. This award was approved by Special Master Nora Beth Dorsey on May 20, 2014, consisting of $200,000.00 for attorneys' fees and costs jointly payable to petitioners and their counsel, David Terzian, and $734.36 for out-of-pocket expenses payable to petitioners. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, and the initial denial suggests that causation was contested. Attorneys for petitioners were David Terzian and Rawls McNelis & Mitchell. Attorneys for respondent were not named in the public decision.
Source PDFs
USCOURTS-cofc-1_08-vv-00076