N.S. v. HHS - DTaP, transverse myelitis (2017)

Maria Crespo, on behalf of her minor daughter N.S., filed a petition for vaccine compensation on October 1, 2015, alleging that N.S. suffered transverse myelitis (TM) caused by the DTaP and pneumococcal conjugate (PC) vaccines received on March 1, 2013. The petition initially mentioned an MMR vaccine, but this was later clarified as an error, and N.S. did not receive it before the alleged injury.

N.S. also received a Hib vaccine on the same day. Respondent denied that the vaccinations caused N.S.'s TM or any other injury.

The parties reached a stipulation to resolve the case, agreeing to compensation for N.S.'s injuries, which were alleged to have residual effects for more than six months. Special Master Laura D.

Millman adopted the stipulation on February 9, 2017, awarding a total of $257,521.29 in compensation. This amount included a lump sum of $232,549.31 for first-year life care expenses ($12,549.31) and pain and suffering ($220,000.00), payable to petitioner as guardian/conservator of N.S.'s estate.

An additional lump sum of $25,000.00 was awarded for past unreimbursable expenses, payable to Maria Crespo. A further lump sum of $2,971.98 was awarded for reimbursement of a Medicaid lien, payable jointly to petitioner and First Recovery Group.

The stipulation also provided for an amount sufficient to purchase an annuity contract for future expenses. The annuity contract was to provide various future payments for unreimbursable expenses, including medical, therapy, and diaper costs, with increasing annual amounts and specific durations, some extending for N.S.'s lifetime.

The parties also agreed to further proceedings for attorneys' fees and costs. Petitioner Maria Crespo was represented by Amber D.

Wilson. Respondent was represented by Debra Filteau Begley.

Later, on December 5, 2017, the Special Master awarded attorneys' fees and costs. Petitioner sought review of this decision, arguing that the Special Master improperly denied fees for certain legal research and review of court orders, and for costs associated with Florida state law guardianship requirements.

Judge Patricia E. Campbell-Smith reviewed the motion for review.

In a decision filed June 21, 2018, the court sustained the Special Master's decision, denying petitioner's motion for review. The court found that the Special Master did not abuse her discretion in reducing fees for administrative tasks and for legal research deemed educational.

The court also found that the Special Master did not err in denying reimbursement for future guardianship costs and guardian ad litem costs, as these were required by Florida state law and not incurred as part of the Vaccine Act proceedings. The court noted that the Special Master's characterization of the guardian ad litem's role was imprecise but that the analysis regarding the costs being unrelated to the Vaccine Act was correct.

The court directed the clerk to enter final judgment in accordance with the Special Master's decision on fees and costs.