N.D. v. HHS - Varicella, encephalitis, intractable seizure disorder, and personality and behavior changes (2015)

On August 7, 2009, Joseph and Cynthia Dagenhart, as parents and legal representatives of their minor daughter N.D., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. They alleged that N.D. suffered encephalitis, an intractable seizure disorder, and personality and behavior changes as a result of receiving the varicella vaccine.

The respondent, the Secretary of Health and Human Services, denied that the varicella vaccine caused N.D.'s alleged conditions. However, both parties reached a joint stipulation to settle the case, agreeing that a decision should be entered awarding compensation.

Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in the case.

The stipulation awarded a lump sum of $5,547.32 to reimburse the Commonwealth of Virginia Medicaid lien, payable jointly to petitioners and the Department of Medical Assistance Services. Additionally, a lump sum of $500,000.00 was awarded, payable to the petitioners, to compensate for all remaining damages available under the Vaccine Act.

On April 24, 2015, the parties filed another stipulation regarding attorney's fees and costs. Petitioners requested reimbursement of $39,320.94 for attorney's fees and costs, an amount to which the respondent did not object.

Petitioners also represented that they personally incurred $5,470.00 in expenses. Special Master Corcoran approved these amounts as reasonable.

An award of $39,320.94 was to be made payable jointly to petitioners and their counsel, Ramon Rodriguez, III, Esq., and an award of $5,470.00 was to be made payable to the petitioners. These payments represented all attorney's fees and costs available under the Act.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury.