K.A. v. HHS - MMRV, Hemolytic Uremic Syndrome (aHUS) (2016)

Filed 2011-04-04Decided 2016-03-15Vaccine MMRV
compensated$396,905

Case summary [AI summaries can sometimes make mistakes]

On April 4, 2011, Trent Alvarez and Jamie Alexander, as the legal representatives of their minor daughter, K.A., filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that K.A. developed atypical hemolytic uremic syndrome (aHUS) after receiving the Hepatitis A, measles-mumps-rubella-varicella (MMRV), and pneumococcal conjugate (PCV) vaccines on May 5, 2008.

Respondent denied that these vaccines caused K.A.'s alleged aHUS or any other injury. However, on March 14, 2016, the parties filed a joint stipulation for damages, agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the court's decision on March 15, 2016. The award included a lump sum of $371,152.93 payable to Trent Alvarez and Jamie Alexander as guardians/conservators of K.A.'s estate for K.A.'s benefit.

This amount comprised $9,152.93 for first-year life care expenses and $362,000.00 for combined lost and future earnings and pain and suffering. Additionally, a lump sum of $23,000.00 was awarded to the petitioners for past unreimbursable expenses.

The decision also included a lump sum of $2,537.25 payable jointly to petitioners and the Oregon Department of Human Services for a lien, and $215.80 payable jointly to petitioners and the California Department of Health Services for a lien. The stipulation also provided for an amount sufficient to purchase an annuity contract, the purchase price and payment schedule of which were not stated in the public decision.

The total of the stated lump-sum components was $396,905.98. Petitioners were represented by Curtis R.

Webb, and respondent was represented by Glenn MacLeod. The public decision does not describe K.A.'s onset of symptoms, specific medical tests, treatments, or the mechanism of injury.

Theory of causation

Petitioners alleged that minor K.A. developed atypical hemolytic uremic syndrome (aHUS) following vaccination with Hepatitis A, MMRV, and pneumococcal conjugate (PCV) vaccines on May 5, 2008. Respondent denied vaccine causation. The case was compensated via joint stipulation on damages. The award included $371,152.93 for K.A.'s benefit (first-year life care expenses and lost/future earnings/pain and suffering), $23,000 for past unreimbursable expenses, $2,537.25 for an Oregon DHS lien, and $215.80 for a California DHS lien, plus an amount for an annuity contract not specified in the public decision. The total lump-sum components amounted to $396,905.98. Chief Special Master Nora Beth Dorsey issued the decision on March 15, 2016. Petitioners' attorney was Curtis R. Webb, and respondent's attorney was Glenn MacLeod. The public decision does not detail the specific medical mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement to compensate.

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