N.L. v. HHS - DTaP, death (2014)

Courtney Klein and Shawn Mark Lambert, parents of N.L., deceased, filed a petition for vaccine compensation on September 4, 2012, alleging that various vaccinations administered on September 14, 2010, injured their son, N.L., resulting in his death on September 18, 2010. The vaccinations included DTaP, IPV, HiB, PCV, and Rotavirus.

The public decision does not describe the specific onset or symptoms leading to N.L.'s death, nor does it detail any medical records, tests, or treatments. Petitioners moved for a decision dismissing the petition on May 12, 2014, acknowledging they were unable to obtain expert support for their claim that the vaccinations caused N.L.'s death.

The Special Master reviewed the filings and agreed that there was insufficient medical evidence absent an expert opinion on causation, and therefore a prima facie case had not been made out. Consequently, the petition was dismissed.

On September 15, 2014, the parties filed a stipulation for attorneys' fees and costs. Respondent did not object to the requested amount of $22,771.40.

Special Master Thomas L. Gowen found that the petition was brought in good faith with a reasonable basis for the claim and awarded the stipulated amount.

This award included $22,421.40 for counsel's fees and expenses, payable jointly to the petitioners and their attorney, Ronald Homer, and $350.00 for the petitioners' personal litigation costs, payable to Courtney Klein and Shawn Mark Lambert. The public decision does not name respondent's counsel.