Jaime Brown v. HHS - MMR, encephalopathy, an autism disorder, sleep disturbances, and a staring and/or catatonic state (2015)
Case summary [AI summaries can sometimes make mistakes]
On September 25, 2014, Jaime Brown, as the natural mother and next friend for her minor child D.B., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that an MMR vaccine administered to D.B. on September 14, 2011, caused him to develop encephalopathy, an autism disorder, sleep disturbances, and a staring and/or catatonic state.
On March 20, 2015, an Order Concluding Proceedings was entered, dismissing the petition without prejudice. Subsequently, on April 9, 2015, the parties filed a Joint Stipulation of Fact Concerning Petitioner's Litigation Costs.
In this stipulation, the parties agreed to a total award of costs to the petitioner in the amount of $400.00. Special Master Nora Beth Dorsey issued a decision on May 14, 2015, granting the request for approval and payment of petitioner's costs in the stipulated amount of $400.00.
The decision noted that the Vaccine Act permits an award of reasonable attorneys' fees and costs, and based on the reasonableness of the petitioner's request and the respondent's lack of objection, the Special Master approved the costs. The award was to be made in the form of a check payable to Jaime Brown for $400.00.
The public decision does not describe the specific onset of symptoms, clinical details, medical tests, treatments, or expert testimony. The theory of causation is not detailed in the public decision.
Theory of causation
The petitioner alleged that an MMR vaccine administered on September 14, 2011, caused D.B. to develop encephalopathy, an autism disorder, sleep disturbances, and a staring and/or catatonic state. The public decision does not detail the specific mechanism of causation, any expert testimony, or the medical evidence presented. The case was dismissed without prejudice on March 20, 2015. A subsequent decision on May 14, 2015, by Special Master Nora Beth Dorsey, awarded petitioner's litigation costs in the amount of $400.00, based on a joint stipulation of the parties. The public text does not provide further details on the theory of causation or the basis for the dismissal.
Source PDFs
USCOURTS-cofc-1_14-vv-00903