D.P.P., Jr. v. HHS - MMR, seizure disorder and developmental delays (2015)

On October 9, 2008, David P. Peddy and Alysia A.

Peddy, as legal representatives of their minor child D.P.P., Jr., filed a petition under the National Vaccine Injury Compensation Program. They alleged that the measles, mumps, and rubella (MMR) vaccination administered to D.P.P., Jr. on October 10, 2006, either caused or significantly aggravated his seizure disorder and developmental delays.

The respondent, the Secretary of Health and Human Services, did not concede causation. On September 19, 2012, Special Master Golkiewicz ruled that the petitioners were entitled to compensation.

Subsequently, on August 7, 2013, the Special Master issued a decision awarding damages based on the respondent's uncontested Proffer. On March 9, 2015, the parties filed a Stipulation of Facts Concerning Final Attorneys’ Fees and Costs.

The parties agreed to a total award of $295,000.00 for attorneys' fees and costs. Petitioners represented that they did not personally incur any expenses.

Special Master Lisa Hamilton-Fieldman found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate under 42 U.S.C. § 300aa-15(b) and (e)(1). The proposed amount was deemed reasonable.

Special Master Hamilton-Fieldman awarded $295,000.00, payable by check jointly to the petitioners and their counsel, John W. Frost, II, of Frost, Van Den Boom & Smith, P.A.

The decision was unpublished and intended for posting on the court's website, with provisions for parties to file motions for redaction. Judgment was to be entered in accordance with the parties' stipulation.