D.T.W. v. HHS - DTaP, seizures and infantile spasms (2015)

On September 29, 2015, Jeffery Todd Wade and Allison Renee Wade, on behalf of their minor son D.T.W., filed a petition for vaccine compensation. They alleged that D.T.W. suffered seizures and infantile spasms as a result of receiving diphtheria-tetanus-acellular pertussis (DTaP), inactivated poliovirus (IPV), hemophilus influenza type b (Hib), hepatitis B (Hep B), pneumococcal conjugate (PCV), and rotavirus vaccines on November 1, 2007, and May 20, 2009.

The respondent, the Secretary of Health and Human Services, denied that the vaccines caused D.T.W.'s alleged injuries. The parties reached a stipulation to resolve the case, which Special Master Laura D.

Millman adopted. The award included a lump sum of $9,300.00 for past unreimbursable expenses and all other damages available under 42 U.S.C. § 300aa-15(a).

Additionally, an amount sufficient to purchase an annuity contract was awarded for D.T.W.'s future damages, with payments of $48,855.52 annually for four years certain, beginning September 4, 2025. The annuity contract was to be owned by the Secretary of Health and Human Services.

Separately, on January 11, 2016, Special Master Millman issued a decision awarding attorneys' fees and costs based on a stipulation. The parties agreed to a total of $91,338.08 for attorneys' fees and costs, payable by check jointly to petitioners and Ragsdale, L.L.C.

The public decision does not describe the specific onset of symptoms, medical examinations, or treatments D.T.W. underwent. The theory of causation was based on the Vaccine Injury Table.