Katie Davis v. HHS - DTaP, cerebellitis, cerebellar ataxia, torticollis, developmental regression, and/or other neurologic or physical impairments (2016)

On July 9, 2015, Katie Davis, as mother and guardian for her minor child J.L.D., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that J.L.D. developed cerebellitis, cerebellar ataxia, torticollis, developmental regression, and/or other neurologic or physical impairments following vaccinations.

Specifically, J.L.D. received diphtheria-tetanus-acellular pertussis (DTaP), inactivated polio virus (IPV), hepatitis B, rotavirus, haemophilus influenza type B (Hib), and pneumococcal conjugate (PCV7) vaccines on July 3, 2013, and measles-mumps-rubella (MMR) and varicella vaccines on January 30, 2014. The Secretary of Health and Human Services, the respondent, denied that the immunizations caused J.L.D.'s alleged injuries.

However, the parties reached a joint stipulation to settle the case. The settlement terms included a lump sum payment of $20,000.00 payable to J.L.D.'s estate and a lump sum payment of $4,624.50 for reimbursement of Medicaid expenses, payable jointly to Katie Davis and First Recovery Group, LLC.

The total award was $24,624.00. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation on September 22, 2016.

Petitioner's counsel was Michael G. McLaren of Black McLaren, et. al., P.C.

Respondent's counsel was Justine Walters of the U.S. Department of Justice.