David Becker v. HHS - MMR, encephalopathy (2020)
Case summary [AI summaries can sometimes make mistakes]
On September 16, 2013, David Becker, as the parent of minor D.B., filed a petition for compensation under the National Vaccine Injury Compensation Program. He alleged that D.B. suffered encephalopathy as a result of receiving Hepatitis A, measles-mumps-rubella (MMR), and varicella vaccines on September 17, 2010, and experienced residual effects for more than six months.
The respondent denied that the vaccines caused D.B.'s alleged encephalopathy or any other injury. Despite this denial, the parties filed a joint stipulation on April 7, 2020, agreeing that compensation should be awarded.
Special Master Daniel T. Horner found the stipulation reasonable and adopted it as the decision of the Court.
The decision awards compensation sufficient to purchase an annuity contract as described in the stipulation, representing damages for all available items. Petitioner's counsel was Robert Joel Krakow.
Respondent's counsel was Ryan Daniel Pyles. The public decision does not describe the specific onset of symptoms, clinical course, diagnostic tests, treatments, or expert witnesses.
Judgment was to be entered in accordance with this decision.
Theory of causation
Petitioner alleged that D.B. suffered encephalopathy as a result of receiving Hepatitis A, measles-mumps-rubella, and varicella vaccines on September 17, 2010, and experienced residual effects for more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Special Master Daniel T. Horner. The stipulation did not detail the specific theory of causation or provide expert testimony. The award was for an amount sufficient to purchase an annuity contract representing damages for all available items. The public text does not describe the mechanism of injury or any specific medical experts.
Source PDFs
USCOURTS-cofc-1_13-vv-00687