Misty Kelm v. HHS - MMR, neurological injuries (2014)

Misty Kelm, as the parent of minor B.K., filed a petition on January 27, 2012, 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 March 31, 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.