A.E. v. HHS - DTaP, anal abscess; intussusception (2015)

On June 19, 2014, Clarissa Gibbs and Derrick Eggleston, as parents and legal representatives for their minor son A.E., filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986. They alleged that the administration of six vaccines on July 25, 2013—Haemophilus influenzae type B (Hib), DTaP, Rotavirus (Rotateq), Prevnar, Hepatitis B (Hep B), and Inactivated Polio (IPV)—caused A.E. to suffer from an anal abscess and intussusception.

The petition was filed by Petitioner counsel Michael G. McLaren.

Respondent counsel was Darryl Wishard. On July 9, 2015, the Petitioners filed a motion to dismiss their petition, stating they were unable to secure sufficient and/or persuasive evidence to prove entitlement to compensation.

Special Master Lisa Hamilton-Fieldman noted that to receive compensation, Petitioners must prove either a "Table Injury" corresponding to one of the vaccinations or that the vaccine actually caused the injury, supported by medical records or a physician's opinion. The public decision does not describe the specific onset of symptoms, medical records, or expert opinions presented.

As no evidence was presented to establish entitlement, the Special Master denied the petition and dismissed the case for insufficient proof on August 3, 2015. Subsequently, on August 17, 2015, the parties filed a stipulation regarding attorneys' fees and costs.

The Special Master found the petition was brought in good faith with a reasonable basis and awarded the agreed-upon amount of $29,000.00 for fees and costs, payable jointly to Petitioners and Petitioners' counsel, Michael McLaren, on September 9, 2015.