Lori Eubanks v. HHS - DTaP, overlap syndrome (2016)

On March 4, 2013, Lori Eubanks, as the parent and natural guardian of S.J.S., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that a Diphtheria Tetanus acellular Pertussis (DTaP) vaccine administered to S.J.S. on April 21, 2011, caused the minor to suffer from overlap syndrome.

The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injury or current condition. However, on May 12, 2016, the parties filed a joint stipulation for damages, agreeing that compensation should be awarded.

Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $952.60 for past unreimbursable expenses, payable to Lori Eubanks.

Additionally, a lump sum of $2,516.18 was awarded to reimburse a lien for services rendered on behalf of S.J.S., payable jointly to Petitioner and the Agency for Health Care Administration via Xerox Recovery Services. The total compensation awarded, including an amount sufficient to purchase an annuity contract, amounted to $346,878.

The decision was entered on May 13, 2016. Petitioner's counsel was Anne Carrion Toale of Maglio Christopher and Toale, PA.

Respondent's counsel was Lara Englund of the United States Department of Justice.