Paxton King v. HHS - MMR, seizures, decrease in function, and regression in her GMI gangliosidosis (2016)
Case summary [AI summaries can sometimes make mistakes]
Paxton King, as special administrator of the estate of F.M.K., filed a petition for compensation on April 13, 2016. The petition alleged that F.M.K. suffered injuries, including seizures, a decrease in function, and regression in her GMI gangliosidosis, following receipt of the measles-mumps-rubella (MMR), varicella, diphtheria-tetanus-acellular pertussis (DTaP), and influenza vaccines on September 28, 2012.
It was further alleged that F.M.K. experienced residual effects of these injuries for more than six months. F.M.K. passed away on December 23, 2015.
The respondent denied that the vaccinations caused F.M.K.'s alleged injuries or death. Despite the respondent's denial, the parties reached a joint stipulation for compensation.
Special Master Christian J. Moran reviewed and adopted the stipulation.
The award included a lump sum of $25,000.00 for general damages, a lump sum of $87.01 for costs incurred in the petition, and a lump sum of $31,012.23 for attorneys' fees and costs. The total award amounted to $56,099.23.
Petitioner counsel was Mark L. Krueger of Krueger & Hernandez, S.C., and respondent counsel was Justine E.
Walters of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation.
Theory of causation
Petitioner alleged that F.M.K. received the MMR, varicella, DTaP, and influenza vaccines on September 28, 2012, and subsequently suffered seizures, a decrease in function, and regression in her GMI gangliosidosis, with residual effects lasting more than six months, leading to her death on December 23, 2015. The respondent denied that the vaccines caused F.M.K.'s injuries or death. The parties entered into a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in a total award of $56,099.23, comprising $25,000.00 for general damages, $87.01 for costs, and $31,012.23 for attorneys' fees and costs. The theory of causation was based on the Vaccine Injury Table, as indicated by the stipulation, though specific medical experts, detailed clinical progression, or a precise mechanism of injury were not described in the public decision. Petitioner counsel was Mark L. Krueger, and respondent counsel was Justine E. Walters.
Source PDFs
USCOURTS-cofc-1_14-vv-00272