O.G.R. v. HHS - MMR, encephalopathy (2018)

On January 27, 2016, Raymond Roach, on behalf of O.G.R., a minor child, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that O.G.R. was diagnosed with encephalopathy following receipt of Hepatitis A, Haemophilus influenza type B, measles, mumps and rubella (MMR), Prevnar, and varicella vaccinations on February 13, 2013.

The petitioner alleged that O.G.R.'s encephalopathy was causally related to an adverse reaction to these vaccinations. The case was assigned to the Special Processing Unit.

On July 15, 2016, the respondent filed a Rule 4(c) report conceding that O.G.R. was entitled to compensation. The respondent determined that O.G.R.'s encephalopathy first manifested within fifteen days of receipt of the MMR vaccine and that there was no evidence of an unrelated cause.

The respondent also agreed that the encephalopathy persisted for more than six months. On July 18, 2016, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding O.G.R. entitled to compensation.

Subsequently, on November 17, 2017, the respondent filed a proffer on the award of compensation. The parties agreed to a total award of $2,513,903.79.

This award included a lump sum of $1,191,475.29 paid to Regions Bank as Trustee of the Grantor Reversionary Trust for the benefit of O.G.R., which included trust seed funds and life care expenses for the first year after judgment. It also included a lump sum of $1,043,951.66 paid to O.G.R.'s court-appointed guardian(s)/conservator(s) for lost future earnings and pain and suffering.

Additionally, a lump sum of $278,476.84 was awarded to satisfy the State of Oklahoma Medicaid lien. The award also included an amount sufficient to purchase an annuity for future life care expenses, with specific growth rates for medical and non-medical items.

The Chief Special Master issued a decision awarding damages on June 27, 2018, based on the parties' proffer. The public decision does not describe the specific onset symptoms, diagnostic tests, or treatments for O.G.R.'s encephalopathy.

The attorneys involved were Diana Stadelnikas Sedar and Lynne Trautwein for the petitioner, and Camille Collett for the respondent. Chief Special Master Nora Beth Dorsey presided over the case.