S.M.H. v. HHS - MMR, aplastic anemia (2016)

Filed 2013-10-08Decided 2016-11-04Vaccine MMR
compensated$81,905

Case summary [AI summaries can sometimes make mistakes]

On October 8, 2013, Misty and James Hogan filed a petition on behalf of their minor child, S.M.H., alleging that the measles-mumps-rubella (MMR), varicella, and diptheria-tetanus-acellular pertussis-inactivated polio virus (DTaP-IPV) vaccines administered on February 2, 2012, caused S.M.H. to contract aplastic anemia. Petitioners further alleged that S.M.H. suffered residual effects from this injury for more than six months.

Respondent denied that the vaccines caused S.M.H.'s aplastic anemia or any other injury. On November 3, 2016, the parties filed a joint stipulation for damages, agreeing that compensation should be awarded.

The Special Master adopted the stipulation as the decision of the Court. The stipulation provided for a lump sum payment of $3,523.90 to satisfy a Commonwealth of Pennsylvania Medicaid lien, a lump sum payment of $1,644.00 for past unreimbursed expenses, and a lump sum payment of $76,751.38 for all remaining damages.

The total award was $81,905.28. The decision was entered on November 4, 2016, by Special Master Lisa Hamilton-Fieldman.

Petitioner counsel was Danielle A. Strait of Maglio Christopher & Toale, PA, and respondent counsel was Heather L.

Pearlman of the United States Department of Justice.

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