Serena A. Bourne v. HHS - DTaP, seizure disorder (2015)

On April 19, 2011, Serena A. Bourne, as legal representative and parent of a minor child, J.A.B., filed a petition under the National Vaccine Injury Compensation Program.

The petition alleged that J.A.B. developed a seizure disorder and experienced residual effects for more than six months after receiving diphtheria-tetanus-acellular pertussis (DTaP), Haemophilus influenzae type B (Hib), inactivated poliovirus (IPV), pneumococcal conjugate (PCV), hepatitis B (Hep B), and rotavirus vaccines on April 15, 2009. Respondent denied that the vaccines caused J.A.B.'s alleged injury, residual effects, or current condition, either alone or in combination.

Despite these positions, the parties filed a stipulation on January 8, 2015, agreeing to settle the case and enter a decision awarding compensation. Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting it as the damages decision on January 13, 2015. The total award was $265,584.40.

This included a lump sum of $230,000.00 payable to Petitioner as Guardian/Conservator of J.A.B.'s estate for all remaining damages. Additionally, $21,481.45 was awarded to cover a lien for services rendered on behalf of J.A.B., payable jointly to Petitioner and the Nebraska Department of Health and Human Services.

Another lien for services, totaling $14,102.95, was awarded payable jointly to Petitioner and First Recovery Group, LLC. Petitioner was represented by Richard H.

Moeller of Berenstein, Moore, Heffernan, Moeller & Johnson, LLP. Respondent was represented by Jennifer Reynaud of the U.S.

Department of Justice. Subsequently, on May 21, 2015, the parties filed a stipulation regarding attorney's fees and costs.

Petitioner requested $67,526.07 for attorney's fees and costs, which Respondent did not object to. Petitioner also incurred $209.05 in personal expenses.

Special Master Brian H. Corcoran approved these amounts in a decision dated May 22, 2015.

An award of $67,526.07 was made payable jointly to Petitioner and her counsel, Berenstein, Moore, Heffernan, Moeller & Johnson, LLP. An award of $209.05 was made payable to Petitioner for her personal expenses.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received by J.A.B.