Oliver Baker v. HHS - DTaP, seizure disorder and/or infantile spasms with developmental delays (2014)

Amber Baker, as parent and legal representative of her son, Oliver Baker, filed a case in the National Vaccine Injury Compensation Program. The petition alleged that Oliver Baker received Haemophilus influenzae type b (Hib), pneumococcal conjugate (Prevnar), polio, rotavirus, hepatitis B, and diphtheria-tetanus-acellular pertussis (DTaP) vaccines on February 25, 2009.

Petitioner alleged that these vaccinations caused Oliver to develop a seizure disorder and/or infantile spasms, with developmental delays as sequelae, and that he experienced residual effects for more than six months. Respondent denied that Oliver's conditions were caused by the vaccinations.

The parties reached a stipulation to settle the case, which was filed on April 10, 2014. Special Master Laura D.

Millman found the settlement terms reasonable, adopted the stipulation, and awarded compensation. The total award was $200,000.00, consisting of a lump sum of $99,663.18 payable to Amber Baker as guardian/conservator of Oliver's estate, and a lump sum of $100,336.82 payable jointly to petitioner and Texas Medicaid/TMHP for endorsement to the State.

Petitioner was represented by Katherine D. Gonyea of Houston, Texas.

A subsequent decision on May 8, 2015, addressed attorneys' fees and costs. Special Master Millman awarded $14,037.97 in fees and costs, consisting of $11,037.97 payable jointly to petitioner and Dow, Golub, Remels, Beverly, LLP, and $3,000.00 payable jointly to petitioner and the Law Office of Pi-Yi Mayo.