A.B. v. HHS - DTaP, Streptococcal A infection, Streptococcal toxic shock syndrome, and multi-organ system failure (2014)

Nicole and Domah Brown, as parents and natural guardians of their minor son A.B., filed a petition for compensation under the National Vaccine Injury Compensation Program on January 18, 2011. They alleged that A.B. suffered a Streptococcal A infection, Streptococcal toxic shock syndrome, and multi-organ system failure caused by the DTaP, Hib, pneumococcal, and MMR vaccines he received on or about January 16, 2008.

The respondent denied that the vaccines caused A.B.'s injuries. The parties reached a settlement agreement, and on September 25, 2014, they filed a joint stipulation.

Special Master Thomas L. Gowen adopted the parties' stipulation for compensation on September 26, 2014.

The total award included a lump sum of $200,000.00 for A.B.'s benefit, payable to the petitioners as guardians/conservators upon documentation of their appointment. Additionally, $135,385.54 was awarded to reimburse a Commonwealth of Virginia Medicaid lien, payable jointly to the petitioners and the Commonwealth of Virginia.

An unspecified amount was also allocated to purchase an annuity contract. Subsequently, on January 2, 2015, the parties filed a stipulation concerning attorneys' fees and costs.

Petitioners requested a total of $79,000.00 for attorneys' fees and costs, which included payment to their former counsel, The Law Office of Lesley Zork. Respondent did not object to this request.

Special Master Thomas L. Gowen granted the request for attorneys' fees and costs on January 5, 2015, ordering a check for $79,000.00 payable jointly to the petitioners and their attorney, Anne C.

Toale of Maglio Christopher & Toale, PA. The decision was finalized on January 5, 2015.