Michael Pereyra v. HHS - MMR, acute encephalopathy and/or other injury that has resulted in a seizure disorder, global developmental delay, and quadriplegia (2014)

Michael Pereyra, as guardian ad litem for his minor son M.S.P. Jr., filed a petition on March 26, 2012, seeking compensation under the National Vaccine Injury Compensation Program.

The petition alleged that M.S.P. Jr. suffered an acute encephalopathy and/or other injury resulting in a seizure disorder, global developmental delay, and quadriplegia, allegedly caused by receipt of measles-mumps-rubella (MMR), varicella, and hepatitis A (Hep A) vaccines on April 20, 2009.

The respondent, the Secretary of Health and Human Services, denied that the vaccines caused M.S.P. Jr.'s conditions.

However, both parties agreed to settle the case through a stipulation filed on February 24, 2014. The stipulation acknowledged that the MMR, varicella, and Hep A vaccines are listed on the Vaccine Injury Table.

The parties agreed that a decision should be entered awarding compensation. Special Master Lisa Hamilton-Fieldman adopted the stipulation.

The decision awarded a lump sum of $250,000.00 for all damages, payable to Petitioner as guardian/conservator of M.S.P. Jr.'s estate.

A separate decision on October 3, 2014, awarded $46,500.00 for attorneys' fees and costs, payable jointly to Petitioner and his counsel, Neal J. Fialkow.

The total compensation awarded was $296,500.00. The case was resolved via stipulation, with the Special Master approving the settlement and directing the entry of judgment.

The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of injury. Petitioner was represented by Neal Fialkow, and Respondent was represented by Ann Martin.