M.S.M. v. HHS - DTaP, febrile status epilepticus and encephalopathy (2020)

Ermerita Morales, on behalf of her infant son M.S.M., filed a petition for compensation under the National Vaccine Injury Compensation Program on December 10, 2014. M.S.M. received vaccinations for diphtheria-tetanus-acellular pertussis (DTaP), Haemophilus Influenzae Type B (Hib), Inactivated Polio (IPV), Pneumococcal Conjugate (PCV), Hepatitis B (Hep B), and Rotavirus on March 11, 2013.

Within approximately 16 hours, M.S.M. developed a fever and experienced status epilepticus. On December 26, 2013, M.S.M. received DTaP, Hib, and PCV vaccinations again and subsequently developed fever and status epilepticus within a similar timeframe.

M.S.M. did not have developmental delay prior to the initial seizure activity but developed it afterward and continues to have seizure activity. Genetic testing was negative for known pathogenic mutations.

Petitioner alleged that the vaccines caused an acquired epileptic encephalopathy. The respondent recommended against compensation.

Following an entitlement hearing, Special Master Thomas L. Gowen issued a ruling on July 30, 2019, finding that M.S.M.'s vaccinations caused an encephalopathy responsible for sequelae including developmental delay and continued seizure activity, and thus M.S.M. was entitled to compensation.

On September 15, 2020, a decision was issued regarding damages. Midland Trust Company, as guardian of M.S.M.'s property, was substituted as petitioner.

The final award included a lump sum payment of $1,239,414.94 for life care expenses, lost future earnings, and pain and suffering. An additional lump sum of $32,036.18 was awarded to satisfy a Medicaid lien.

Compensation for future life care expenses was to be provided through an annuity contract. The total award amount was $1,271,451.12.