N.L. v. HHS - MMR, thrombocytopenic purpura ("ITP") and its related sequelae (2014)

Filed 2014-11-18Decided 2014-12-09Vaccine MMR
compensated$42,500

Case summary [AI summaries can sometimes make mistakes]

On November 18, 2014, Brittany Lambert and Davey Lambert, on behalf of their minor son N.L., filed a petition for compensation. The petition alleged that various vaccines N.L. received caused him to suffer from immune thrombocytopenic purpura (ITP) and its related sequelae.

The public decision does not specify the exact date of vaccination for all vaccines, but notes that N.L. received MMR, Varicella, and Hep A vaccines on April 15, 2010, and Prevnar, DTaP, and Hib vaccines on July 15, 2010. The parties reached a stipulation of fact, and N.L. was compensated for his injury, as noted in a decision filed August 28, 2014.

Following this compensation, the petitioners sought attorneys' fees and costs. Initially, the respondent raised objections to certain items in the petitioners' application for fees and costs.

After subsequent discussions, the petitioners amended their application to request a total of $42,500.00. This amount included $41,000.00 for attorneys' fees and other litigation costs, payable to petitioners and their attorney, William E.

Cochran, Jr., and $1,500.00 for out-of-pocket litigation expenses incurred by petitioners Brittany Lambert and Davy Lambert. The respondent did not object to this revised amount.

Special Master Christian J. Moran awarded the agreed-upon amount of $42,500.00 on December 9, 2014.

The public decision does not describe the specific clinical story, expert testimony, or the Special Master's reasoning regarding the causation theory for the alleged injury.

Theory of causation

The petition filed on November 18, 2014, by Brittany Lambert and Davey Lambert on behalf of minor N.L. alleged that vaccines received on April 15, 2010 (MMR, Varicella, Hep A) and July 15, 2010 (Prevnar, DTaP, Hib) caused N.L. to suffer from immune thrombocytopenic purpura (ITP) and its related sequelae. The parties reached a stipulation of fact, and N.L. was compensated. The specific theory of causation, mechanism, expert testimony, or clinical details supporting the alleged injury are not described in the provided public decision text, which focuses on the award of attorneys' fees and costs. The case resulted in compensation for the petitioner, with a total award of $42,500.00 for attorneys' fees, costs, and out-of-pocket expenses, as agreed upon by the parties and awarded by Special Master Christian J. Moran on December 9, 2014. Petitioners' counsel was William E. Cochran, Jr., and respondent's counsel was Darryl Wishard.

Source PDFs 1 total · 1 downloaded