K.M.N. v. HHS - DTaP, seizures and developmental delays (2018)

On April 28, 2014, C.L. and K.N. filed a petition under the National Vaccine Injury Compensation Program on behalf of their minor son, K.M.N. The petition alleged that K.M.N. suffered seizures and developmental delays as a result of a diphtheria-tetanus-acellular pertussis (DTaP) vaccine administered on or about September 23, 2011.

The petition also stated that K.M.N. experienced residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the DTaP vaccine or any other vaccine caused K.M.N.'s condition.

Despite this denial, the parties reached a stipulation on October 23, 2018, to settle the issues. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the Court's decision on October 24, 2018.

The decision was later reissued in a redacted form on December 11, 2018. The stipulation outlined a total compensation award of $431,293.66, plus the purchase of annuity contracts for future benefits.

The award included a lump sum of $168,526.82 payable to Regions Bank as trustee for K.M.N., comprising $45,886.82 for first-year life care expenses and $122,640.00 in trust seed funds. An additional lump sum of $200,000.00 was awarded for pain and suffering, payable to petitioners as guardians/conservators for K.M.N.'s estate, contingent upon their appointment.

Petitioners were also to receive $14,708.55 for past unreimbursable expenses. A lien of $48,058.29 for services rendered to K.M.N. was to be paid jointly to petitioners and the MO HealthNet Division, Cost Recovery Unit.

The stipulation also detailed the purchase of annuity contracts for various future expenses, including unreimbursable CIGNA expenses, Medicare Part B premiums and deductibles, Medicare Advantage expenses, dentist expenses, occupational therapy, specific medications (Sabril, Banzel, Clobazam, Topomax, and Diazepam), adaptive equipment (Rifton Adaptive Tricycle and Weighted Vest), various supplies (Free Weight, Ankle Weight, Floor Mat, Vestibular Swing/Swing Set, Folding Earphone, Thera Putty, Diaper, Incontinent Pad, Wipe, and Glove), case management, day care, home care, respite care, and adult non-skilled care, and residential care. These annuity payments were to begin at various dates and continue for specified periods, with some extending for K.M.N.'s lifetime, and all amounts increasing at specified annual compounded rates.

Additionally, an annuity was to provide $1,053.00 per month for 30 years certain for partial lost earnings, increasing at 3% compounded annually. Petitioners were represented by Mary Coffey of Coffey & Nichols, LLC, and respondent was represented by Darryl Wishard of the U.S.

Department of Justice. The decision noted that the annuity purchase prices were not stated in the public decision.