T.E.Z. v. HHS - DTaP, gastroparesis (2021)

Richard C. Zug and Laura C.

Zug, on behalf of their child T.E.Z., filed a petition for compensation under the National Vaccine Injury Compensation Program on October 9, 2015. They alleged that T.E.Z. suffered from gastroparesis as a result of a diphtheria tetanus acellular pertussis (DTaP) vaccination received on October 12, 2012.

The petitioners claimed that T.E.Z. experienced residual effects of the alleged injury for longer than six months and had not received prior compensation for this vaccine-related injury. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused T.E.Z.'s gastroparesis or any other condition.

Despite the respondent's denial, the parties filed a joint stipulation for damages on August 31, 2021, agreeing that compensation should be awarded. Special Master Daniel T.

Horner found the stipulation reasonable and adopted it as the court's decision. The award included a lump sum of $270,045.99, payable to petitioners as guardian(s)/conservator(s) of T.E.Z.'s estate, representing compensation for first-year life care expenses ($75,045.99) and pain and suffering ($195,000.00).

Petitioners Richard C. Zug and Laura C.

Zug were awarded a lump sum of $37,883.20 for past unreimbursable expenses. Additionally, a lump sum of $105,177.96 was designated for reimbursement of a Medicaid lien, payable jointly to petitioners and the North Carolina Division of Health Benefits.

The award also included an amount sufficient to purchase an annuity contract for future needs, paid to the life insurance company from which the annuity will be purchased. These amounts represent compensation for all damages available under the Vaccine Act.

Petitioner counsel was John Alan Jones of Matrin & Jones, PLLC, and respondent counsel was Camille Collett of the U.S. Department of Justice.