S.M.H. v. HHS - MMR, aplastic anemia (2016)
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 December 2, 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.
Theory of causation
Petitioners alleged that the MMR, varicella, and DTaP-IPV vaccines administered on February 2, 2012, caused S.M.H. to contract aplastic anemia, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for damages, resulting in an award of $81,905.28, comprising $3,523.90 for a Medicaid lien, $1,644.00 for past unreimbursed expenses, and $76,751.38 for all remaining damages. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. The decision was entered on December 2, 2016, by Special Master Lisa Hamilton-Fieldman, with attorneys Danielle A. Strait for petitioners and Heather L. Pearlman for respondent.
Source PDFs
USCOURTS-cofc-1_13-vv-00780