K.S.W. v. HHS - DTaP, refractory mixed seizure disorder (2014)

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.