S.A.H. v. HHS - MMR, encephalitis (2015)

On October 20, 2011, S.A.H., a minor child, by her mother Ana Hastings, filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that S.A.H. sustained encephalitis as a result of receiving an influenza and/or Measles-Mumps-Rubella (MMR) vaccine on October 20, 2008.

The petitioner alleged that the first symptom or manifestation of encephalitis occurred within the time period set forth in the Vaccine Injury Table for the MMR vaccine. Alternatively, the petition alleged that S.A.H. suffered autoimmune encephalitis caused in fact by the MMR and/or influenza vaccinations, and that the residual effects of the injury lasted for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the MMR vaccine caused S.A.H. to suffer the onset of encephalitis within the Table's timeframe, and also denied that the MMR and/or flu vaccines caused S.A.H. to suffer autoimmune encephalitis or any other injury. The respondent further denied that S.A.H.'s current condition was a sequela of a vaccine-related injury.

Despite maintaining these positions, the parties filed a joint stipulation agreeing to a settlement. Special Master Thomas L.

Gowen adopted the stipulation. As part of the settlement, S.A.H. was awarded $50,000.00 in compensation for all damages.

Subsequently, the parties filed a stipulation for attorneys' fees and costs. Special Master Gowen approved and awarded $67,350.00 for attorneys' fees and costs, jointly payable to petitioner Ana Hastings and her attorney, Curtis R.

Webb. The decision was entered by the clerk of the court.