B.E.R. v. HHS - DTaP, seizures (2015)
Case summary [AI summaries can sometimes make mistakes]
On October 17, 2012, James Reeves, on behalf of B.E.R., filed a petition alleging that the DTaP vaccine, received on or about April 5, 2012, caused B.E.R. to suffer seizures and residual effects for more than six months. The DTaP vaccine is listed on the Vaccine Injury Table.
The respondent denied that the vaccine caused the seizures. The parties reached a stipulation for compensation, which Special Master Christian J.
Moran adopted. The stipulation awarded $66,864.94 to reimburse a lien for services rendered on behalf of B.E.R., payable jointly to the petitioner and the Treasurer of the State of Ohio.
Petitioner agreed to endorse this payment to the Treasurer of the State of Ohio. An additional amount was awarded to purchase an annuity contract.
The case was compensated based on the stipulation. Petitioner counsel was Anne C.
Toale of Maglio Christopher and Toale. Respondent counsel was Jennifer Leigh Reynaud of the U.S.
Department of Justice. The decision was filed on November 5, 2015.
Theory of causation
Petitioner alleged that the DTaP vaccine, received on or about April 5, 2012, caused B.E.R. to suffer seizures and residual effects for more than six months. The DTaP vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation for compensation, which Special Master Christian J. Moran adopted. The stipulation awarded $66,864.94 for reimbursement of a lien for services rendered on behalf of B.E.R., payable jointly to the petitioner and the Treasurer of the State of Ohio, with petitioner agreeing to endorse the payment to the Treasurer. An additional amount was awarded to purchase an annuity contract. The public decision does not describe the specific mechanism of injury, expert testimony, or clinical details of the seizures or residual effects.
Source PDFs
USCOURTS-cofc-1_12-vv-00702