L.C. v. HHS - Tdap, seizure disorder (2017)

Filed 2015-07-31Decided 2017-07-17Vaccine Tdap
compensated

Case summary [AI summaries can sometimes make mistakes]

On July 31, 2015, Christi and Robert Canada, as parents and natural guardians of L.C., filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that L.C. suffered from a seizure disorder as a result of a Tetanus-diphtheria-acellular-pertussis (Tdap) vaccine administered on August 6, 2012.

The petition further alleged that L.C. experienced symptoms of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused L.C.'s alleged seizure disorder or any other injury.

However, on July 10, 2017, the parties filed a joint stipulation on damages, agreeing that compensation should be awarded. The stipulation outlined that Petitioners would receive an amount sufficient to purchase an annuity contract.

Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court, approving the compensation amount. Judgment was to be entered in accordance with the stipulation.

The public decision does not describe the specific onset of symptoms, clinical details of the seizure disorder, any diagnostic tests performed, treatments received, or the specific mechanism of causation. The names of the petitioner's counsel were Jeffrey S.

Pop and Jeffrey S. Pop & Associates, and the respondent's counsel was Mallori B.

Openchowski from the United States Department of Justice.

Theory of causation

Petitioners alleged that L.C. suffered from a seizure disorder as a result of a Tdap vaccine administered on August 6, 2012, and experienced symptoms for more than six months. Respondent denied causation. The parties filed a joint stipulation on damages, agreeing to an award of compensation sufficient to purchase an annuity contract. The Special Master adopted the stipulation as the decision of the Court. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. The award was based on a stipulation between the parties. Special Master Herbrina Sanders issued the decision on July 17, 2017. Petitioners' counsel was Jeffrey S. Pop, and respondent's counsel was Mallori B. Openchowski.

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