T.B. v. HHS - DTaP, encephalopathy or encephalitis resulting in death (2015)
Case summary [AI summaries can sometimes make mistakes]
On December 18, 2013, Christina Moore, as mother and legal representative for her child T.B., filed a petition for compensation. The petition alleged that T.B. received DTaP, Hepatitis B, Inactivated Poliovirus (IPV), and Pneumococcal Conjugate (Prevnar) vaccines on or about December 20, 2012, and that these vaccines caused him to suffer an encephalopathy or encephalitis resulting in death.
The respondent, the Secretary of Health and Human Services, denied that the vaccines caused T.B.'s injury or death. The parties subsequently entered into a joint stipulation for compensation.
Special Master Christian J. Moran adopted the stipulation as the decision of the Court.
The stipulation awarded a lump sum of $1,300.00, payable jointly to Christina Moore as legal representative of the Estate of T.B. and Optum on behalf of United Healthcare Community Plan, to satisfy the State of Tennessee's Medicaid lien. Additionally, a lump sum of $20,700.00 was awarded, payable to Christina Moore as legal representative of the Estate of T.B., representing compensation for all remaining damages.
The total compensation awarded for the injury was $22,000.00. Petitioner was represented by William E.
Cochran, Jr. of Black McLaren et al. Respondent was represented by Lindsey Corliss of the United States Department of Justice.
Subsequently, on December 9, 2014, petitioner filed a stipulation of fact concerning final attorneys' fees and costs. The petitioner sought $39,425.30 for attorneys' fees and costs, and $3,052.50 in out-of-pocket litigation expenses.
The respondent did not object to these amounts. Special Master Christian J.
Moran awarded a lump sum of $36,372.80, payable to petitioner and her attorney, William E. Cochran, Jr., for attorneys' fees and costs.
A separate lump sum of $3,052.50 was awarded, payable to Christina Moore, for her incurred out-of-pocket expenses. The total award, including attorneys' fees and costs, amounted to $57,000.00.
The case was resolved via stipulation.
Theory of causation
Petitioner alleged that the DTaP, Hepatitis B, IPV, and Pneumococcal Conjugate vaccines administered on or about December 20, 2012, caused T.B. to suffer an encephalopathy or encephalitis resulting in death. The vaccines are listed in the Vaccine Injury Table. Respondent denied causation. The parties entered into a stipulation for compensation. The Special Master adopted the stipulation, awarding $1,300.00 to satisfy a Medicaid lien and $20,700.00 for all remaining damages, totaling $22,000.00. A subsequent stipulation addressed attorneys' fees and costs, resulting in an additional award of $36,372.80 for fees and $3,052.50 for out-of-pocket expenses, bringing the total award to $57,000.00. The public decision does not describe the specific medical condition, onset, symptoms, diagnostic tests, treatments, or expert testimony. The theory of causation is based on the Vaccine Injury Table. Special Master Christian J. Moran issued the decisions. Petitioner was represented by William E. Cochran, Jr. and respondent by Lindsey Corliss. The decision regarding compensation was issued on September 15, 2014, and the decision regarding fees and costs was issued on February 18, 2015.
Source PDFs
USCOURTS-cofc-1_13-vv-01001