V.R. v. HHS - DTaP, B. pertussis infection which left her in a permanent coma, with brain damage and in an unresponsive state, and would never permit her to develop normally (2014)

On October 4, 2010, Evgeniya Kim, on behalf of her minor child V.R., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that V.R. suffered a B. pertussis infection resulting in a permanent coma, brain damage, and an unresponsive state, preventing normal development, after receiving DTAP, POLIO, HIB, HBV, and PCV7 vaccinations on July 28, 2009.

The case was stayed in April 2013 pending the resolution of a criminal case involving V.R.'s father, who was appealing a conviction for second-degree aggravated assault in connection with V.R.'s injuries. Following the affirmation of the conviction on appeal in June 2014, the petitioner requested time to confer with the respondent regarding withdrawal of the case.

Subsequently, the petitioner filed a motion to dismiss, stating that an investigation revealed an inability to prove entitlement to compensation under the Vaccine Program. The Special Master's decision noted that the record did not contain evidence of a "Table Injury" or persuasive evidence that the alleged injury was caused by the vaccinations.

The decision also indicated that the related criminal action suggested more likely causes for V.R.'s injuries and subsequent death. As there was insufficient evidence to meet the burden of proof, the case was dismissed for insufficient proof on December 15, 2014.

Special Master Brian H. Corcoran issued the decision.

Petitioner was represented by Edward David of Edward David & Associates, LLC, and Respondent was represented by Ann Martin of the U.S. Department of Justice.

A subsequent decision on March 20, 2015, approved a stipulation for attorney's fees and costs. The parties agreed that Petitioner's counsel should receive a lump sum of $25,000.00, payable to both Petitioner and Petitioner's counsel.

Special Master Brian H. Corcoran approved this amount as reasonable, and judgment was to be entered accordingly.