W.T.M. v. HHS - MMR, cerebrovascular incident (2015)

Filed 2013-07-18Decided 2015-12-11Vaccine MMR
compensated$460,135cognitive/developmental

Case summary [AI summaries can sometimes make mistakes]

Michael and Catherine McNulty filed a petition on July 18, 2013, on behalf of their minor child, W.T.M. They alleged that the child received inactivated polio (IPV), diphtheria-tetanus-acellular pertussis (Dtap), varicella, and measles-mumps-rubella (MMR) vaccines on or about June 14, 2012.

The petition alleged that these vaccines caused a cerebrovascular incident, and that the child experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused the alleged injury or any other condition.

Despite this denial, the parties filed a joint stipulation for damages and attorneys' fees and costs. Special Master Thomas L.

Gowen reviewed the stipulation and found it reasonable, adopting it as the decision of the court. The parties waived their right to seek review of the decision.

Compensation was awarded as follows: a lump sum of $425,000.00 for all damages, payable to petitioners as guardians of W.T.M.'s estate, and a lump sum of $35,135.53 for attorneys' fees and costs, jointly payable to petitioners and their attorney, Mark L. Krueger of Krueger & Hernandez, S.C.

The total award was $460,135.53. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury.

The decision does not name any expert witnesses.

Theory of causation

Petitioners alleged that the IPV, Dtap, varicella, and MMR vaccines administered on or about June 14, 2012, caused a cerebrovascular incident in the minor child W.T.M., resulting in residual effects for over six months. The respondent denied causation. The parties reached a joint stipulation for damages and attorneys' fees and costs, which was adopted by Special Master Thomas L. Gowen. The stipulation resulted in an award of $425,000.00 for damages and $35,135.53 for attorneys' fees and costs, totaling $460,135.53. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, and it is unclear if this case was based on a specific Table injury or general causation theory.

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