D.A. v. HHS - Varicella, febrile seizures that led to positioned asphyxia and death (2018)

Filed 2018-07-09Decided 2018-09-19Vaccine Varicella
compensated$60,000death

Case summary [AI summaries can sometimes make mistakes]

On January 27, 2016, Sarah and Kristopher Ammons filed a petition on behalf of their deceased minor child, D.A., seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that D.A. suffered from febrile seizures that led to positioned asphyxia and death as a result of childhood vaccinations received on July 11, 2014.

The vaccinations included Varicella, Tetanus-diphtheria-pertussis (TDaP), and Measles-mumps-rubella (MMR). The respondent denied that the vaccinations caused D.A.'s seizures or death.

Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on July 9, 2018. Special Master Brian H.

Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision. The stipulation awarded Petitioners a lump sum of $60,000.00 as compensation for all damages.

The decision was entered on September 19, 2018. The public decision does not describe the onset of symptoms, specific clinical details of the seizures or asphyxia, any medical tests performed, or treatments administered.

The specific mechanism of causation was not detailed in the public decision. Petitioner counsel was Jeffrey S.

Pop, and respondent counsel was Ryan Daniel Pyles.

Theory of causation

Petitioners alleged that D.A. suffered from febrile seizures that led to positioned asphyxia and death as a result of childhood vaccinations received on July 11, 2014, including Varicella, Tetanus-diphtheria-pertussis (TDaP), and Measles-mumps-rubella (MMR). Respondent denied causation. The parties settled the case via stipulation, which was adopted by Special Master Brian H. Corcoran on September 19, 2018. The stipulation awarded Petitioners $60,000.00 for all damages. The public decision does not specify the theory of causation, any medical experts, or the mechanism by which the vaccines allegedly caused the injury. Petitioner counsel was Jeffrey S. Pop, and respondent counsel was Ryan Daniel Pyles.

Source PDFs 2 total · 1 downloaded