J.O.C. v. HHS - DTaP, tic disorder, abnormal EEG and other injuries (2015)

Filed 2013-03-01Decided 2015-01-26Vaccine DTaP
compensated$14,999cognitive/developmental

Case summary [AI summaries can sometimes make mistakes]

On March 1, 2013, J.O.C., a minor, by his parents Chris and Sarah Cooper, filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that J.O.C. suffered adverse effects from the diphtheria-tetanus-acellular pertussis (DTaP) and pneumococcal conjugate (Prevnar) vaccines administered on September 22, 2010, and March 9, 2011.

Petitioners claimed that J.O.C. developed a tic disorder, abnormal EEG, and other injuries, and that these conditions were caused-in-fact by the vaccinations, with residual effects lasting more than six months. The respondent denied that the vaccines caused J.O.C.'s conditions.

On October 2, 2014, the parties filed a joint stipulation on damages. The stipulation stated that the parties agreed to a total compensation of $1,970.29 for past unreimbursed expenses and $13,029.71 for J.O.C.'s estate, totaling $14,999.00.

Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the court. On January 26, 2015, a subsequent decision approved an additional award for attorneys' fees and costs.

The parties stipulated to a total award of $22,840.21 for attorneys' fees and costs, jointly payable to petitioners and their attorney, William E. Cochran, Jr., of Black McLaren Jones Ryland & Griffee, PC.

Petitioners also incurred $847.00 in out-of-pocket costs, payable to petitioners only. The case was resolved via stipulation and awarded compensation.

The public decision does not describe the onset of symptoms, specific clinical details of the injuries, diagnostic tests performed, treatments received, or the specific mechanism of causation.

Theory of causation

Petitioners alleged that the DTaP and Prevnar vaccines administered on September 22, 2010, and March 9, 2011, to minor J.O.C. caused-in-fact a tic disorder, abnormal EEG, and other injuries, with residual effects lasting more than six months. Respondent denied causation. The case was resolved via a joint stipulation on damages, with no specific medical experts or detailed causation theories presented in the public decision. The parties stipulated to compensation for past unreimbursed expenses ($1,970.29) and for J.O.C.'s estate ($13,029.71), totaling $14,999.00. Attorneys' fees and costs of $22,840.21 and petitioners' out-of-pocket costs of $847.00 were also awarded. Special Master Nora Beth Dorsey approved the stipulation. The theory of causation is described as 'Off-Table' in the provided database fields, indicating it does not fall under a specific vaccine injury listed in the Vaccine Injury Table.

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