T.T.H. v. HHS - Varicella, encephalitis (2015)
Case summary [AI summaries can sometimes make mistakes]
On August 9, 2011, Clifton and Charity Haigler, as legal representatives of their minor son T.T.H., filed a petition under the National Vaccine Injury Compensation Program. They alleged that a varicella vaccination administered to T.T.H. on October 2, 2008, caused him to suffer encephalitis.
A ruling on entitlement, issued on September 5, 2013, found that the vaccination caused T.T.H.'s injury. Subsequently, on January 15, 2015, the respondent filed a Proffer on Award of Compensation, which was agreed upon by both the petitioners and the respondent.
Special Master Nora Beth Dorsey issued a decision awarding compensation on February 6, 2015. The award included a lump sum of $898,498.22 payable to Regions Bank as Trustee for T.T.H.'s trust, representing trust seed funds and the first year's life care expenses.
An additional lump sum of $993,360.88 was awarded, payable to T.T.H.'s guardian(s)/conservator(s), for lost future earnings ($743,360.88) and pain and suffering ($250,000.00). Petitioners Clifton Haigler and Charity Haigler also received a lump sum of $3,587.02 for past unreimbursable expenses.
Funds to satisfy a North Carolina Medicaid lien in the amount of $478,980.59 were also awarded. The award also included an amount sufficient to purchase an annuity contract for future life care items, with specific growth rates applied to medical and non-medical expenses.
A separate decision on May 18, 2015, addressed attorneys' fees and costs. Based on a stipulation between the parties, Special Master Dorsey granted an award of $165,195.73 for attorneys' fees and costs, payable jointly to petitioners and their attorney, Peter J.
Sarda.
Theory of causation
Petitioners alleged that a varicella vaccination on October 2, 2008, caused T.T.H. to suffer encephalitis. A ruling on entitlement found that the vaccination caused the injury. The parties subsequently agreed to a Proffer on Award of Compensation. The public decision does not detail the specific medical experts, clinical findings, onset, symptoms, treatments, or the precise mechanism of causation. The award was based on a stipulation between the parties, with Special Master Nora Beth Dorsey issuing the decision. The total award was $2,017,079.41, comprising a lump sum of $898,498.22 for trust seed funds and Year 1 life care expenses, a lump sum of $993,360.88 for lost future earnings and pain and suffering, a lump sum of $3,587.02 for past unreimbursable expenses, and $478,980.59 to satisfy a Medicaid lien, plus an amount for an annuity contract. Attorneys' fees and costs of $165,195.73 were awarded separately.