Tabitha Price v. HHS - DTaP, anaphylactic reaction, seizure disorder, and secondary developmental delay (2018)

On July 7, 2011, Tabitha Price, as mother and natural guardian of D.P., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that D.P., who was approximately 15 months old, received Diphtheria-Tetanus-acellular-Pertussis (DTaP), Measles-Mumps-Rubella (MMR), and Pneumococcal Conjugate (Prevnar) vaccines on August 4, 2008.

Petitioner alleged that within two minutes of vaccination, D.P. suffered a severe anaphylactic reaction manifesting as a grand mal seizure. It was further alleged that D.P. experienced additional seizures several hours later and subsequently developed a seizure disorder and secondary developmental delay.

The respondent initially contested entitlement. Petitioner presented the testimony of neurologist Yuval Shafrir, M.D., and respondent presented the testimony of pediatric neurologist Peter Bingham, M.D.

Special Master Thomas L. Gowen issued a ruling on entitlement on October 29, 2015, finding that D.P. suffered a Table injury of anaphylaxis within four hours of receiving the DTaP and MMR vaccinations, and that D.P. was entitled to compensation.

The Special Master found that D.P. had presented a reasonable theory of causation and a logical cause-and-effect explanation relating the vaccinations to D.P.'s anaphylaxis and seizures, noting the significant timing of the event. The Special Master rejected the respondent's contention that the seizures were coincidental or due to an unrelated gastrointestinal illness.

Following the entitlement ruling, the parties stipulated to an award of damages. On December 4, 2018, Special Master Gowen issued a decision on the proffer, awarding D.P. compensation.

The award included a lump sum payment of $1,250,898.64 for lost earnings ($889,283.44), pain and suffering ($250,000.00), and first-year life care expenses ($111,615.20). Additionally, a lump sum payment of $17,342.98 was awarded to satisfy a State of Georgia WellCare Medicaid lien.

The award also included an amount sufficient to purchase an annuity contract for future life care expenses, with medical items growing at 5% annually and non-medical items at 4% annually. The total award, including the lump sums and the value of the annuity, exceeded $1.2 million.

Petitioner's counsel was Clifford Shoemaker of Shoemaker and Associates, and respondent's counsel was Robert Paul Coleman, III, of the United States Department of Justice.