S.B. v. HHS - IPV/Polio, encephalopathy; neurologic condition (2015)

On September 25, 2008, Nicole and Larry Bayless, on behalf of their minor child S.B., filed a petition for compensation. They alleged that S.B. received the inactivated Polio virus (IPV), Diphtheria-Tetanus-acellular Pertussis (DTaP), Haemophilus influenza-Hepatitis B (Hib-Hep B), and Pneumococcal (Prevnar) vaccines on October 4, 2005.

The petition claimed that these vaccines caused S.B. to sustain the first symptom or manifestation of an encephalopathy within the time period set forth in the Vaccine Injury Table, that his neurologic condition was caused-in-fact by the vaccines, that the vaccines significantly aggravated his neurologic condition, and that S.B. experienced residual effects for more than six months. Petitioners represented that there had been no prior award or settlement for S.B.'s condition.

The respondent denied that S.B. suffered the onset of symptoms within the Table's timeframe, denied that his current disabilities were sequelae of an alleged Table injury, denied that the vaccines caused or significantly aggravated an encephalopathy, neurological condition, or any other injury, and denied that S.B. experienced residual effects for more than six months. Despite these denials, the parties reached a joint stipulation for compensation, which Special Master Christian J.

Moran found reasonable and adopted as the Court's decision. The stipulation awarded a total of $10,000.00.

This amount was broken down into a lump sum of $5,000.00 payable jointly to petitioners and the State of California Department of Health Care Services for a Medical Lien, with petitioners agreeing to endorse the payment. The remaining $5,000.00 was awarded as a lump sum payable to petitioners as guardians/conservators of S.B.'s estate, representing all remaining damages available under 42 U.S.C. § 300aa-15(a).

The decision was issued on November 30, 2015. Michael G.

McLaren represented the petitioners, and Julia McInerny represented the respondent. The public decision does not describe the specific onset of symptoms, clinical details of the encephalopathy or neurologic condition, any diagnostic tests performed, specific treatments received, or the mechanism of causation.