VEM v. HHS - MMR, febrile status epilepticus after immunizations with subsequent decline, and now with intractable epilepsy (2014)

On March 12, 2012, Tory and Sarah Moody filed a petition on behalf of their minor child, VEM, alleging that VEM suffered febrile status epilepticus with subsequent decline and intractable epilepsy following receipt of a measles, mumps, rubella (MMR) and varicella vaccine on April 1, 2010. The respondent, the Secretary of Health and Human Services, conceded that the petitioners met the legal requirements for compensation under the National Vaccine Injury Compensation Program and recommended an award.

The Special Master, Nora Beth Dorsey, found VEM entitled to compensation. The parties subsequently agreed to a proffer of award.

The award included a lump sum payment of $864,746.00 for lost future earnings and pain and suffering, $3,747.89 for past unreimbursable expenses, and $800,033.55 for a trust seed for life care items. Additionally, $108,846.13 was allocated to satisfy the Indiana Medicaid lien.

The award also stipulated an amount sufficient to purchase an annuity contract for future life care items. The total award amounted to $1,777,373.57.

Petitioners were represented by David Porter Murphy, and respondent was represented by Heather Lynn Pearlman. The decision was issued on June 24, 2014.