A.G. v. HHS - MMR, optic neuritis (2014)

Brian and Lori Gorman, parents of A.G., a minor, filed a petition under the National Vaccine Injury Compensation Program on October 31, 2011. They alleged that A.G. suffered optic neuritis caused in fact by the MMR, DTaP, varicella, and IPV vaccines received on November 18, 2008, and that the injury resulted in residual effects for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the vaccines caused A.G.'s alleged optic neuritis or any other injury. Despite the denial, the parties reached a settlement agreement.

The respondent agreed to compensate the petitioners with a lump sum of $20,000.00 for past unreimbursable expenses, payable to Brian and Lori Gorman. Additionally, the respondent agreed to pay $160,000.00 to purchase an annuity contract for future benefits, with the annuity to be purchased from an insurance company meeting specified capitalization and rating requirements.

This settlement was adopted by Special Master Thomas L. Gowen, who issued a decision on August 22, 2014, awarding compensation in the stipulated amounts.

Subsequently, on November 19, 2014, the parties filed a joint stipulation for attorneys' fees and costs. Petitioners requested a total award of $66,640.00 for attorneys' fees and costs, and $1,500.00 for out-of-pocket expenses incurred by the petitioners.

The respondent did not object to this request. Special Master Gowen granted the attorneys' fees and costs, ordering payment of $66,640.00 jointly to petitioners Brian and Lori Gorman and their attorney, Robert J.

Krakow of the Law Office of Robert J. Krakow, P.C., and payment of $1,500.00 to petitioners Brian and Lori Gorman only.

The total compensation awarded in this case, including the settlement and attorneys' fees, amounts to $228,140.00.