Tami L. Baldwin v. HHS - DTaP, seizures and developmental delay (2016)

On October 20, 2016, Tami L. Baldwin, as Guardian Ad Litem for her minor daughter, L.A.B., filed a petition alleging that L.A.B. suffered seizures and developmental delay caused-in-fact or significantly aggravated by receipt of the diphtheria-tetanus-acellular pertussis (DTaP) vaccine, hepatitis B (Hep B) vaccine, haemophilus influenza type B (HIB) vaccine, inactivated polio vaccine (IPV), and pneumococcal conjugate (PCV7) vaccine.

L.A.B. received DTaP, Hep B, HIB, IPV, and PCV7 vaccines on October 25, 2006, and Hep B and PCV7 vaccines on January 2, 2007. The respondent, the Secretary of Health and Human Services, denied that the vaccines administered caused or significantly aggravated L.A.B.'s alleged seizures, developmental delay, or any other injury.

Despite the denial of causation, the parties reached a joint stipulation to settle the case. Special Master Laura D.

Millman approved the stipulation, finding its terms reasonable. The court awarded compensation based on the stipulation.

The award included a lump sum of $1,162,811.79 for first-year life care expenses ($148,542.50), lost future earnings ($809,205.98), and pain and suffering ($205,063.31). This lump sum was to be paid via check to Tami L.

Baldwin as guardian/conservator for L.A.B. Additionally, a lump sum of $55,684.86 was awarded to reimburse a Medicaid lien for services rendered to L.A.B.

This amount was to be paid via check jointly to Tami L. Baldwin and the Department of Health Care Policy and Financing.

The stipulation also included an amount sufficient to purchase an annuity contract, the details of which are described in paragraph 10 of the attached stipulation. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the names of any medical experts consulted by either party.

The decision also does not detail the specific mechanism of injury alleged by the petitioner.