N.A. v. HHS - MMR, encephalitis (2014)

On March 7, 2014, N.A., a minor, by his father and natural guardian Walli Afzali, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that N.A. suffered encephalitis within five to fifteen days of receiving the measles, mumps, rubella (MMR) vaccine and that the vaccine caused the injury.

The respondent, the Secretary of Health and Human Services, filed a report conceding that the petitioner had established the requirements for compensation under the Vaccine Act. On January 2, 2013, the Chief Special Master issued a Ruling on Entitlement, finding N.A. entitled to compensation based on a Vaccine Table injury.

Subsequently, on March 6, 2014, the respondent filed a Proffer on Award of Compensation, indicating that the petitioner agreed to the compensation amount. The decision details the award of $1,341,607.09.

This amount comprises a lump sum of $1,153,833.20, which includes $645,427.52 for lost future earnings, $250,000.00 for pain and suffering, and $258,405.68 for life care expenses for Year One. Additionally, a lump sum of $187,773.89 was awarded to satisfy the State of Illinois Medicaid lien.

The award also includes an amount sufficient to purchase an annuity for future life care expenses, with specific growth rates applied to medical and non-medical items. The decision was finalized on March 31, 2014.

Petitioner counsel was Clifford J. Shoemaker, Esq., and respondent counsel was Jennifer L.

Reynaud, Esq. The Chief Special Master was Denise K.

Vowell.