Shauni Rai Fischer v. HHS - DTaP, infantile spasms (2015)

On April 1, 2011, Shauni Rai Fischer filed a petition on behalf of her minor daughter, KJF, alleging that KJF suffered from infantile spasms and related sequelae as a result of receiving Hepatitis B, DTaP, Hib, Pneumococcal Conjugate, and Inactivated Polio vaccines on April 26, 2010. The petition further alleged that KJF experienced residual effects or complications from this vaccine injury for more than six months.

The respondent denied that the vaccines caused or significantly aggravated KJF's alleged medical condition or any ongoing symptoms. On May 4, 2015, the parties filed a stipulation for damages.

Tragically, the original petitioner, Shauni Rai Fischer, passed away on May 22, 2015. Following a guardianship proceeding in Texas, Kevin Fischer was appointed as KJF's legal guardian, and Karen Seal was appointed as the guardian of KJF's estate.

On June 16, 2015, an order was entered amending the case caption to reflect Kevin Fischer as the substituted petitioner. The parties jointly moved to amend the judgment to ensure the compensation award was paid to KJF's estate's guardian and endorsed by the substituted petitioner.

The Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the court. The parties stipulated to a total compensation award for KJF's estate of $650,000.00, payable to Karen Seal, as guardian of KJF's estate.

Additionally, $66,021.83 was awarded for reimbursement of a Texas Medicaid lien, payable jointly to petitioner and TMHP/Medicaid, with petitioner agreeing to endorse the check to THMP. A further $62,117.00 was awarded for reimbursement of a Wisconsin Medicaid lien, payable jointly to petitioner and the Wisconsin Department of Health Services, with petitioner agreeing to endorse the check to the Wisconsin Department of Health Services.

Separately, on June 26, 2015, the parties filed a stipulation regarding attorneys' fees and costs. Respondent did not object to the total award of $95,625.11 for attorneys' fees and costs, payable to petitioner and petitioner's attorney, Michael Baseluos of Baseluos La Firm, PLLC.

Special Master Dorsey granted this request. Judgment was to be entered in accordance with the terms of the parties' stipulations.