V.F. v. HHS - DTaP, acute liver failure and autoimmune hepatitis type 2 (2017)

Filed 2017-01-30Decided 2017-01-30Vaccine DTaP
compensated$62,500

Case summary [AI summaries can sometimes make mistakes]

On May 6, 2014, Angie F. French and Dan French filed a petition seeking compensation on behalf of their minor daughter, V.F., who received diphtheria, tetanus, and acellular pertussis (DTaP) and Haemophilus influenzae type b (Hib) vaccines on January 15, 2013.

The petition alleged that V.F. developed acute liver failure and autoimmune hepatitis type 2 on or about February 9, 2013, and suffered residual effects for more than six months, requiring lifelong immunosuppression. Respondent denied that the DTaP or Hib vaccines caused V.F.'s alleged conditions or any other injury.

The public record for this decision does not detail a litigated expert record or a specific clinical chronology beyond the alleged onset date and injury labels. The case was resolved through a negotiated stipulation, with both parties maintaining their stated positions.

On January 30, 2017, the parties filed a stipulation requesting the Court to enter an award. Special Master Herbrina D.

Sanders found the stipulation reasonable and adopted it as the Court's decision on the same day. The award included a lump sum of $2,500.00 payable to Angie F.

French and Dan French for past unreimbursable expenses, and a lump sum of $60,000.00 payable to petitioners as guardians or conservators of V.F.'s estate. Additionally, the Secretary of Health and Human Services was required to purchase an annuity for V.F. with guaranteed lump-sum payments of $20,000.00 on October 15, 2029, $35,000.00 on October 15, 2034, and $52,842.11 on October 15, 2037.

Petitioners represented that they were, or would become within 90 days of judgment, authorized under Arizona law to serve as guardians or conservators of Violet French's estate. Petitioners were represented by Glynn W.

Gilcrease, Jr. of the Law Office of Glynn W. Gilcrease, Jr., P.C.

Respondent was represented by Althea Walker Davis of the United States Department of Justice.

Theory of causation

DTaP and Hib vaccines administered on January 15, 2013, to minor V.F. allegedly caused acute liver failure and autoimmune hepatitis type 2, with the first symptom or manifestation occurring on or about February 9, 2013, and resulting in alleged lifelong immunosuppression. The case was compensated via stipulation, with respondent denying that the DTaP or Hib vaccines caused the alleged injuries or any subsequent disabilities. The public stipulation does not contain a detailed expert medical record or clinical chronology beyond the stated onset date and injury labels. The award included $2,500.00 for past unreimbursable expenses payable to Angie F. French and Dan French, a $60,000.00 lump sum payable to petitioners as guardians/conservators of V.F.'s estate, and an annuity with guaranteed lump-sum payments of $20,000.00 on October 15, 2029, $35,000.00 on October 15, 2034, and $52,842.11 on October 15, 2037. The petition was filed on May 6, 2014. The stipulation and decision by Special Master Herbrina Sanders were filed on January 30, 2017. Petitioners' attorney was Glynn W. Gilcrease, Jr. of the Law Office of Glynn W. Gilcrease, Jr., P.C. Respondent's counsel was Althea Walker Davis.

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