L.C. v. HHS - unclear, quadriplegia secondary to transverse myelitis (2020)

L.C., a minor, through her guardian ad litem Daniela Crumpton, filed a petition on September 9, 2014, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that L.C. suffered quadriplegia secondary to transverse myelitis as a result of receiving multiple vaccines on September 10, 2012.

The vaccines administered were haemophilus influenzae type B (HIB), diphtheria-tetanus-acellular pertussis (DTaP), hepatitis B (Hep B), inactivated poliovirus (IPV), pneumococcal conjugate (PCV), and rotavirus. The petitioner alleged that the vaccines were administered in the United States, that L.C.'s condition had persisted for more than six months, and that there had been no prior award or settlement of a civil action for damages.

The respondent, the Secretary of Health and Human Services, denied that the vaccines caused L.C.'s condition or any other injury. Despite the respondent's denial, the parties filed a joint stipulation for damages on November 12, 2020, agreeing that compensation should be awarded.

Special Master Daniel T. Horner reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

The award included a lump sum of $1,712,099.07 payable to TNB Financial Services as trustee for L.C.'s grantor reversionary trust, representing first-year life care expenses and trust seed funds. An additional lump sum of $750,000.00 was awarded, payable to L.C.'s guardian/conservator for the benefit of L.C., to compensate for lost future earnings and pain and suffering.

Further lump sums were awarded to reimburse state Medicaid programs: $2,612,770.08 payable jointly to L.C.'s petitioner and the Oklahoma Health Care Authority, and $94,996.00 payable jointly to L.C.'s petitioner and the South Carolina Department of Health and Human Services. The award also included an amount sufficient to purchase an annuity contract, covering all items of damages available under the Vaccine Act.

The decision directed the clerk of the court to enter judgment in accordance with the stipulation, unless a motion for review was filed. Petitioner's counsel was Danny Chia-Chi Soong of the Law Office of Danny Soong.

Respondent's counsel was Althea Walker Davis of the U.S. Department of Justice.

The public decision was originally filed on November 13, 2020, and was later corrected on December 17, 2020, to fix the case caption and stipulation filing date.