Markelle D. Vickers v. HHS - DTaP, necrotizing myopathy and related sequelae (2016)

Filed 2014-05-06Decided 2016-09-20Vaccine DTaP
compensated$776,749death

Case summary [AI summaries can sometimes make mistakes]

Markelle Vickers, through his estate administrator Azell Vickers, filed a petition for compensation under the National Vaccine Injury Compensation Program on May 6, 2014. The petition alleged that Mr.

Vickers developed necrotizing myopathy and related sequelae, ultimately leading to his death, after receiving a diphtheria-tetanus-acellular pertussis (DTaP) and/or Hepatitis A (Hep. A) vaccine on or about May 6, 2011.

The respondent, the Secretary of Health and Human Services, denied that the vaccines caused Mr. Vickers' injury or death.

Despite the denial, the parties reached a settlement. The settlement terms stipulated that the respondent would issue payments totaling $776,748.68.

This amount included a lump sum of $626,748.68 to reimburse a State of California Medicaid lien, payable jointly to Azell Vickers and the Department of Health Care Services. Additionally, a lump sum of $150,000.00 was to be paid to Azell Vickers as the legal representative of the Estate of Markelle D.

Vickers. These payments were intended to compensate for all damages available under the program.

Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation accordingly. The decision was issued on September 20, 2016.

Petitioner's counsel was Ramon Rodriguez, III, Esq., and respondent's counsel was Ryan Pyles, Esq.

Theory of causation

Petitioner alleged that Markelle D. Vickers developed necrotizing myopathy and related sequelae, leading to his death, after receiving a DTaP and/or Hepatitis A vaccine on or about May 6, 2011. Respondent denied causation. The parties reached a joint stipulation for settlement, and the Special Master adopted this stipulation. The public decision does not describe the specific theory of causation, medical experts, onset of symptoms, diagnostic tests, treatments, or the mechanism of injury. The settlement award totaled $776,748.68, comprising $626,748.68 for a State of California Medicaid lien and $150,000.00 to the estate. Special Master Mindy Michaels Roth issued the decision on September 20, 2016. Petitioner was represented by Ramon Rodriguez, III, Esq., and respondent by Ryan Pyles, Esq.

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