A.T. v. HHS - MMR, encephalopathy (2018)

On October 16, 2015, Tadek and Renata Towpik filed a petition on behalf of their minor son, A.T., seeking compensation under the National Vaccine Injury Compensation Program. They alleged that an MMR vaccine administered on March 26, 2013, caused A.T. to suffer acute disseminated encephalomyelitis (ADEM) and resulting developmental delays.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 17, 2016, conceding that A.T. was entitled to a presumption of causation. The respondent stated that A.T.'s encephalopathy met the criteria of the Vaccine Injury Table, manifesting between five and fifteen days after vaccination, with no evidence of an unrelated cause.

The respondent also noted that the sequelae of A.T.'s injury persisted for more than six months. On June 27, 2016, Special Master Thomas L.

Gowen issued a ruling on entitlement, finding A.T. entitled to compensation based on a Table encephalopathy. Subsequently, the parties resolved the issue of damages.

On March 29, 2018, the respondent filed a proffer on the award of compensation. On April 20, 2018, Special Master Gowen issued a decision awarding A.T. a total of $420,722.30.

This award included a lump sum of $263,722.30 for pain and suffering ($218,500.00) and Year One life care expenses ($45,222.30), a lump sum of $16,500.00 for past unreimbursable expenses, and a lump sum of $60,080.31 to satisfy the State of Illinois Medicaid lien. The award also included an amount sufficient to purchase an annuity for future care expenses, with non-medical items growing at a 4% annual rate and medical items at a 5% annual rate.

Petitioners were represented by Edward M. Kraus of the Law Offices of Chicago Kent, and respondent was represented by Amy P.

Kokot of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, diagnostic tests, or treatments beyond the general condition of encephalopathy and its sequelae.