R.T. v. HHS - MMR, death (2014)

On September 12, 2014, Thomas Tafoya, as father and on behalf of the estate of his minor daughter R.T., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that R.T. suffered severe injuries and death as a result of receiving hepatitis A, measles-mumps-rubella (MMR), Varicella, Haemophilus Influenzae Type b (Hib), and pneumococcal conjugate (Prevnar) vaccinations on July 10, 2013.

The respondent, the Secretary of Health and Human Services, filed a report conceding that R.T. was entitled to compensation. The respondent stated that the medical records supported the conclusion that the MMR and Varicella vaccinations caused R.T.'s death.

The respondent noted that the records indicated R.T. had an underlying immunodeficiency, and the administration of live Varicella and MMR vaccines likely caused her to develop disseminated viremia, leading to her death. No evidence of an alternative cause of death was found in the record.

Based on the respondent's concession and the evidence, Chief Special Master Denise Kathryn Vowell ruled on entitlement on October 22, 2014, finding R.T. entitled to compensation. Subsequently, on March 2, 2015, the parties filed a stipulation regarding attorneys' fees and costs.

On March 2, 2015, Chief Special Master Vowell issued a decision approving the stipulation. The parties agreed upon a total award of attorneys' fees and costs in the amount of $29,407.01.

Petitioner's counsel, Michael G. McLaren, represented that petitioner incurred no out-of-pocket expenses.

The award was to be paid as a lump sum via check jointly payable to the petitioner and petitioner's counsel.