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

Filed 2015-09-29Decided 2015-09-29Vaccine DTaP
compensated$9,300cognitive/developmental

Case summary [AI summaries can sometimes make mistakes]

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.

Theory of causation

Petitioners alleged that D.T.W. suffered seizures and infantile spasms as a result of receiving DTaP, IPV, Hib, Hep B, PCV, and rotavirus vaccines on November 1, 2007, and May 20, 2009. The respondent denied causation. The case was resolved via stipulation, with the Special Master adopting the terms. The stipulation indicated that the vaccines are contained in the Vaccine Injury Table. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. The award included a lump sum of $9,300.00 for past unreimbursable expenses and damages, and an annuity for future damages totaling $48,855.52 annually for four years certain, beginning September 4, 2025. Attorneys' fees and costs were awarded separately in the amount of $91,338.08. Special Master Laura D. Millman issued the decisions on September 29, 2015 (damages) and January 11, 2016 (fees). Petitioners' counsel was Milton C. Ragsdale, IV, and respondent's counsel was Ann D. Martin.

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