T.T.H. v. HHS - Varicella, encephalitis (2015)

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.