L.P. v. HHS - DTaP, transverse myelitis (2015)

Filed 2014-07-17Decided 2015-07-23Vaccine DTaP
compensated$226,195

Case summary [AI summaries can sometimes make mistakes]

On September 9, 2013, Cortney Leibfried, as parent and guardian for her minor daughter L.P., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that L.P. developed transverse myelitis (TM) as a result of receiving DTaP, Prevnar, and Hepatitis A vaccines on September 22, 2010.

The respondent, the Secretary of Health and Human Services, denied that the vaccines caused L.P.'s TM or any resulting sequelae. The parties subsequently entered into a joint stipulation for damages, which Special Master Nora Beth Dorsey adopted as the court's decision.

Under this stipulation, L.P. was awarded a lump sum of $175,000.00 for all damages. Additionally, a lump sum payment of $12,182.10 was awarded to reimburse a State of Pennsylvania Medicaid lien, payable jointly to petitioner and the Department of Public Welfare.

Later, on June 19, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Special Master Dorsey approved a total award of $51,195.82 for attorneys' fees and costs, payable jointly to L.P. and her attorney, Lawrence R.

Cohan of Anapol Schwartz. Judgment was entered accordingly.

The public decision does not describe the onset of symptoms, specific clinical details of the transverse myelitis, any diagnostic tests performed, or treatments received. The theory of causation was not explicitly stated in the public decision, as the case was resolved through stipulation.

Theory of causation

Petitioner L.P., a minor, by her parent Cortney Leibfried, alleged that she developed transverse myelitis (TM) as a result of DTaP, Prevnar, and Hepatitis A vaccines administered on September 22, 2010. The respondent denied causation. The parties filed a joint stipulation for damages, which Special Master Nora Beth Dorsey adopted. L.P. received a lump sum award of $175,000.00 for all damages and $12,182.10 for a Medicaid lien reimbursement. A subsequent stipulation for attorneys' fees and costs resulted in an award of $51,195.82, payable jointly to L.P. and her attorney, Lawrence R. Cohan. The public decision does not detail the specific mechanism of injury, expert testimony, or the medical evidence presented, as the case was resolved via stipulation. The theory of causation was not explicitly stated in the public decision.

Source PDFs 2 total · 2 downloaded