Melody Hawkins v. HHS - Tdap, encephalopathy and lower extremity weakness (2015)
Case summary [AI summaries can sometimes make mistakes]
Melody Hawkins, as the parent and natural guardian of her minor daughter T.H., filed a petition for compensation under the National Childhood Vaccine Injury Act on August 5, 2014. Petitioner alleged that T.H. suffered from encephalopathy and lower extremity weakness as a result of receiving Tetanus-Diphtheria-acellular-Pertussis (TDaP), Hepatitis A (Hep A), Varicella, and Gardasil (HPV) vaccinations on August 4, 2011.
The case was initially dismissed by the Special Master on July 30, 2015. On October 21, 2015, the parties filed a stipulation concerning attorneys' fees and costs.
The respondent, the Secretary of Health and Human Services, did not object to the requested amount. Special Master Lisa Hamilton-Fieldman found that the petition was brought in good faith and had a reasonable basis.
Accordingly, an award of $17,616.67 in attorneys' fees and costs was granted, payable jointly to T.H. and her counsel, John Robert Howie, Jr. of Howie Law, P.C. The Special Master ordered that judgment be entered in accordance with the stipulation.
The decision was unpublished and intended for posting on the United States Court of Federal Claims' website, with provisions for redaction requests.
Theory of causation
Petitioner Melody Hawkins alleged that her minor daughter T.H. suffered from encephalopathy and lower extremity weakness as a result of receiving TDaP, Hepatitis A, Varicella, and Gardasil vaccinations on August 4, 2011. The case was dismissed on July 30, 2015. Subsequently, on October 21, 2015, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $17,616.67. Special Master Lisa Hamilton-Fieldman found the petition was brought in good faith with a reasonable basis, and awarded the agreed-upon amount for attorneys' fees and costs, payable jointly to T.H. and her counsel, John Robert Howie, Jr. The specific theory of causation, medical experts, clinical details of the alleged injury, or mechanism of injury were not described in the public decision, as the case was resolved via stipulation for attorneys' fees and costs following an initial dismissal. The respondent was represented by Ann Martin of the United States Department of Justice.
Source PDFs
USCOURTS-cofc-1_14-vv-00708