Gabriel Cash Benoit v. HHS - DTaP, injuries that resulted in his death (2016)

On March 18, 2015, Brittany Stallings Benoit and Arsene Benoit, as parents and natural guardians of Gabriel Cash Benoit, filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986. They alleged that the DTaP, Hib, Polio, Pneumococcal, Rotavirus, and Hepatitis B vaccines administered to Gabriel Cash Benoit on March 29, 2013, caused injuries that resulted in his death.

The respondent was the Secretary of Health and Human Services. The public decision does not describe the specific onset of symptoms, clinical course, medical tests, treatments, or the mechanism of injury.

On January 8, 2016, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees and Costs, agreeing to an award of $8,000.00 for attorneys' fees and costs. Petitioners' counsel, Jeffrey S.

Pop, represented that Petitioners had not incurred out-of-pocket litigation costs. Special Master Lisa Hamilton-Fieldman found that the petition was brought in good faith with a reasonable basis and awarded the agreed-upon amount of $8,000.00, payable by check jointly to Petitioners and Petitioners' counsel.

The parties renounced their right to seek review, and the clerk was ordered to enter judgment in accordance with the stipulation.