Maria Miranda v. HHS - DTaP, encephalopathy and seizure disorder (2015)

On October 5, 2015, Maria Miranda, as the legal representative for a minor child identified as A.M., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that A.M. suffered an encephalopathy and seizure disorder as a result of receiving a DTaP vaccine on December 21, 2007.

It was further alleged that A.M. experienced residual effects of these injuries for more than six months. The respondent, the Secretary of Health and Human Services, denied that the DTaP vaccination caused the alleged encephalopathy or seizure disorder, denied that the vaccine caused A.M.'s alleged injuries, and denied that A.M. experienced residual effects of his injuries for more than six months.

Despite these denials, the parties entered into a joint stipulation for compensation, which was approved by Special Master Thomas L. Gowen.

The stipulation provided for A.M. to receive a lump sum of $765,011.84 payable to Regions Bank as trustee for a grantor reversionary trust established for A.M.'s benefit. Additionally, a lump sum of $399,462.82 was stipulated for reimbursement of a lien for services rendered on behalf of A.M., payable jointly to the petitioner and the Department of Health Care Policy and Financing.

The stipulation also included an amount sufficient to purchase an annuity contract to provide future benefits. The Special Master found the stipulation reasonable and ordered judgment to be entered accordingly.

Petitioner's counsel was Cathy A. Klein of Cathy A.

Klein, PC. Respondent's counsel was Jennifer L.

Reynaud of the United States Department of Justice. The decision was issued on October 27, 2015.