A.R.C. v. HHS - MMR, permanent spastic tetraparesis and leukodystrophy (2014)

On October 27, 2008, Wendy N. Strand, as the parent and legal representative of her minor daughter, A.R.C., filed a petition under the National Vaccine Injury Compensation Program.

The petition alleged that A.R.C. suffered permanent spastic tetraparesis and leukodystrophy as a result of receiving diphtheria-tetanus-acellular pertussis (DTaP), inactivated poliovirus (IPV), measles-mumps-rubella (MMR), Haemophilus influenzae type B (Hib), and pneumococcal 7-valent conjugate (PCV) vaccines on November 8, 2005. It was alleged that A.R.C. experienced residual effects lasting more than six months.

The respondent, the Secretary of Health and Human Services, denied that the vaccines caused A.R.C.'s alleged injuries or current condition. Despite this denial, the parties filed a joint stipulation on March 25, 2014, to resolve the issue of damages.

Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the court on March 27, 2014. The total award amounted to $500,000.00.

This included a lump sum of $155,198.01 payable jointly to the petitioner and the New Jersey Department of Medical Assistance Services to reimburse a Medicaid lien. An additional lump sum of $344,801.99 was payable to the petitioner as the guardian or conservator of the estate of Amaya Covin, for the benefit of A.R.C.

Petitioner was represented by Ramon Rodriguez III of Rawls, McNelis & Mitchell, P.C. Subsequently, on September 25, 2014, the parties filed a stipulation concerning attorneys' fees and costs.

Special Master Nora Beth Dorsey approved this stipulation on September 29, 2014. The total award for attorneys' fees and costs was $88,000.00, payable jointly to the petitioner and her attorney, Ramon Rodriguez, III.

Additionally, $2,577.50 was awarded to the petitioner only, representing reimbursable costs advanced by her counsel. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the proposed mechanism of injury.