Jasmine Morgan v. HHS - DTaP, acute cerebral edema and brain herniation (2016)

On November 10, 2014, Jasmine Morgan, as the parent of the deceased minor C.S., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that C.S. died from acute cerebral edema and brain herniation as a result of receiving a DtaP vaccine on November 16, 2012.

Petitioner claimed that C.S.'s injury and death were either caused in fact by the vaccination or constituted an injury listed on the Vaccine Injury Table. The case was assigned to the Special Processing Unit.

On June 8, 2015, the respondent conceded that C.S.'s injury met the requirements for an on-Table encephalopathy for pertussis-containing vaccines and that his death was a result of this injury, and was not due to unrelated factors. On June 9, 2015, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement, finding C.S. entitled to compensation based on the respondent's concession and the evidence.

Subsequently, on August 5, 2016, the respondent filed a proffer for an award of compensation. Chief Special Master Nora Beth Dorsey issued a decision on October 6, 2016, awarding the proffered amount of $375,332.22.

This award included a lump sum of $25,302.25 to reimburse a Commonwealth of Virginia Medicaid lien, payable jointly to petitioner and the Department of Medical Assistance Services. An additional lump sum payment of $350,029.97 was awarded, payable to petitioner as the legal representative of C.S.'s estate.

The decision noted that no payments would be made until petitioner provided documentation of her appointment as the legal representative of C.S.'s estate. Petitioner was represented by Rabiah Abdullah of Rich Law Firm, P.C., and the respondent was represented by Michael Patrick Milmoe of the U.S.

Department of Justice.