L.D. v. HHS - MMR, death following MMR vaccine (2014)
Case summary [AI summaries can sometimes make mistakes]
On June 18, 2013, Dalan and Elizabeth Dahl, as the natural parents of their deceased minor daughter L.D., filed a petition under the National Vaccine Injury Compensation Program. They alleged that L.D. received a measles, mumps, and rubella (MMR) vaccine on June 6, 2011, and subsequently developed symptoms leading to her death on June 18, 2011.
Special Master Nora Beth Dorsey presided over the case. On February 12, 2014, a decision was entered awarding compensation to the petitioners based on the respondent's proffer, indicating the government conceded entitlement without a contested hearing.
On June 3, 2014, the parties filed a stipulation agreeing to an award of attorneys' fees and costs in the amount of $12,889.00. Petitioners' counsel, Leonard John Mark of Tiffany & Bosco, P.A., represented that the petitioners had personally incurred no reimbursable costs.
Special Master Dorsey granted the request for attorneys' fees and costs, ordering that a check for $12,889.00 be issued jointly payable to the petitioners and their counsel. The decision does not describe the specific symptoms L.D. developed, the medical tests performed, or the mechanism of causation.
Theory of causation
Petitioners alleged that L.D., a minor, received an MMR vaccine on June 6, 2011, and died on June 18, 2011, twelve days post-vaccination. The case was compensated via respondent's proffer on February 12, 2014, before Special Master Nora Beth Dorsey, without a contested hearing. The public decision does not detail the specific mechanism of causation, expert testimony, or clinical findings. Attorneys for petitioners were Leonard John Mark and Tiffany & Bosco, P.A., and for respondent was Ryan Daniel Pyles. An award of $12,889.00 for attorneys' fees and costs was stipulated and approved by Special Master Dorsey on June 4, 2014.
Source PDFs
USCOURTS-cofc-1_13-vv-00409