M.R.B. v. HHS - MMR, acute disseminated encephalomyelitis (2015)

On March 18, 2015, Trish L. Burchill and Steven E.

Burchill filed a petition on behalf of their minor child, M.R.B., alleging that M.R.B. developed acute disseminated encephalomyelitis (ADEM) as a result of receiving a Measles-Mumps-Rubella (MMR) vaccine and/or a Hepatitis A vaccine on or about January 30, 2013. The petition was filed pursuant to the National Vaccine Injury Compensation Program.

Petitioners further alleged that M.R.B. experienced residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused M.R.B.'s ADEM or any other injury.

Despite this denial, the parties filed a joint stipulation on March 17, 2015, agreeing to an award of compensation. Special Master Thomas L.

Gowen adopted the stipulation as the decision of the Court. The award included an amount sufficient to purchase an annuity contract for future damages and a lump sum of $4,506.01 for past unreimbursable expenses, payable to petitioners Trish L.

Burchill and Steven E. Burchill.

This compensation represented all damages available under § 300aa-15(a). On September 18, 2015, the parties filed a stipulation for attorneys' fees and costs.

Petitioners requested a total award of $15,255.87 for attorneys' fees and costs, to which the respondent did not object. Special Master Gowen granted this request, ordering the payment of attorneys' fees and costs in the amount of $15,255.87, payable by check jointly to petitioners and their attorney, Anne C.

Toale of Maglio Christopher & Toale. The final decision date was October 22, 2015.

The public decision does not describe the onset of symptoms, specific clinical details of the ADEM, diagnostic tests performed, treatments received, or the specific mechanism of causation.