K.T. v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2014)

On November 30, 2012, Cheylynn Tadio and Delton Thomas filed a petition seeking compensation on behalf of their minor child, K.T., alleging that K.T. developed Guillain-Barre Syndrome (GBS) after receiving an influenza vaccine on November 8, 2010. The parties later resolved entitlement and damages by stipulation.

On May 30, 2014, they filed a stipulation awarding compensation, and Special Master Thomas L. Gowen issued a decision adopting the stipulation the same day.

Judgment entered on June 6, 2014, and petitioners elected to accept it on June 9, 2014. The injury-compensation award totaled $110,000, consisting of $1,241.15 for past unreimbursed expenses and $108,758.85 payable to petitioners as guardians or conservators of K.T.'s estate.

Payment was conditioned on petitioners being duly authorized under Hawaii law to serve as guardians or conservators. This requirement led to subsequent proceedings regarding conservatorship costs.

Petitioners were appointed co-conservators for K.T.'s vaccine injury award by the State of Hawaii Circuit Court of the Third Circuit on May 19, 2014. Hawaii law mandated a conservatorship action because a minor received a settlement or judgment, and the state court required continuing accountings and a petition for discharge upon K.T. reaching majority.

Petitioners sought compensation for the costs of maintaining this conservatorship. Respondent did not object to the reasonable costs of establishing the conservatorship but opposed an award for future maintenance costs.

On November 25, 2015, Special Master Gowen ruled that future conservatorship-maintenance costs were compensable under the Vaccine Act because they were not speculative, given the Hawaii court order and state law requiring triennial accountings and a discharge petition, and mandating the use of counsel. He awarded a flat $8,000 for three triennial accountings and one discharge petition.

On February 23, 2016, Special Master Gowen issued a separate decision awarding attorneys' fees and costs totaling $49,197.04: $35,982.04 payable jointly to petitioners and counsel Danielle A. Strait; $5,000.00 payable jointly to petitioners and former counsel Kimberly A.

Jackson; and $8,215.00 payable to petitioners for the costs of establishing and maintaining K.T.'s conservatorship. These later fee and cost awards were separate from the initial $110,000 vaccine injury compensation.

Petitioners were represented by Danielle A. Strait of Maglio Christopher & Toale, with earlier representation by Kimberly A.

Jackson.