Misty Kelm v. HHS - MMR, neurological injuries (2015)
Case summary [AI summaries can sometimes make mistakes]
Misty Kelm, as the parent of minor B.K., filed a petition on October 7, 2014, alleging that B.K. suffered neurological injuries, specifically Table encephalopathy, as a result of receiving the Measles-Mumps-Rubella (MMR), hepatitis A, and varicella vaccinations on February 6, 2009. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on September 4, 2012, conceding that B.K. suffered a Table encephalopathy and recommending compensation.
The parties subsequently entered into a stipulation for damages. On October 7, 2014, Special Master Laura D.
Millman issued a decision awarding damages based on the parties' proffer. The award included a lump sum of $1,164,147.29 for life care expenses for the first year, lost future earnings, and pain and suffering.
An additional lump sum of $7,506.60 was awarded for past unreimbursable expenses. The State of Arkansas Medicaid lien was satisfied with a payment of $165,066.70.
The award also included an amount sufficient to purchase an annuity for future life care expenses, with specific growth rates for medical (5%) and non-medical (4%) items. The annuity payments were to be made to B.K.'s guardian/conservator as long as B.K. was alive.
On March 31, 2015, the parties filed a stipulation for attorneys' fees and costs. Special Master Millman issued a decision on April 21, 2015, awarding $89,200.00 for attorneys' fees and costs, payable jointly to Misty Kelm and Conway, Homer & Chin-Caplan, P.C.
The total award, including damages and fees, amounted to $1,337,314.29 plus the annuity.
Theory of causation
Petitioner Misty Kelm, on behalf of minor B.K., alleged that B.K. suffered neurological injuries, specifically Table encephalopathy, due to receiving the MMR, hepatitis A, and varicella vaccinations on February 6, 2009. The respondent conceded that B.K. suffered a Table encephalopathy and recommended compensation. The parties stipulated to damages, and Special Master Laura D. Millman awarded compensation on October 7, 2014. The award included a lump sum of $1,164,147.29 for first-year life care expenses, lost future earnings, and pain and suffering; $7,506.60 for past unreimbursable expenses; and $165,066.70 to satisfy the Arkansas Medicaid lien. An annuity was also to be purchased for future life care expenses. On March 31, 2015, Special Master Millman awarded $89,200.00 for attorneys' fees and costs, bringing the total award to $1,337,314.29 plus the annuity. The public decision does not detail the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in establishing the causation theory. The theory of causation relied on the respondent's concession of a Table encephalopathy.
Source PDFs
USCOURTS-cofc-1_12-vv-00054