Emily Claire Fontenot Quibodeaux v. HHS - DTaP, encephalopathy and passed away (2016)
Case summary [AI summaries can sometimes make mistakes]
On February 29, 2016, Emily Claire Fontenot Quibodeaux, as the legal representative of the estate of her deceased son, R.H.Q., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that R.H.Q. suffered an encephalopathy and subsequently passed away on December 20, 2014, as a sequela of receiving diphtheria-tetanus-acellular pertussis (DTaP), hepatitis B (hep B), inactivated poliovirus (IPV), Haemophilus influenzae type b (Hib), pneumococcal conjugate (PCV), and rotavirus vaccines on February 25, 2013.
The petition also stated that there had been no prior award or settlement of a civil action for damages on behalf of R.H.Q. as a result of his alleged injury and/or death. Respondent denied that the DTaP, hep B, IPV, Hib, PCV, or rotavirus vaccines caused R.H.Q.'s alleged encephalopathy and death, or any other injury.
Despite maintaining these positions, the parties filed a joint stipulation on November 21, 2016, agreeing to settle the issues and award compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court on November 22, 2016.
The stipulated compensation included a lump sum of $275,000.00 payable to petitioner as the legal representative of R.H.Q.'s estate for all damages available under the Vaccine Act. Additionally, a lump sum of $47,915.93 was to be paid jointly to petitioner and Louisiana Healthcare Connections to reimburse a State of Louisiana Medicaid lien, with petitioner agreeing to endorse this payment to the State.
The stipulation noted that attorneys' fees and costs would be addressed in later proceedings. Petitioner was represented by Milton Clay Ragsdale, IV of Ragsdale LLC, and respondent was represented by Voris Johnson.
The public decision and stipulation do not provide R.H.Q.'s birth date, age at vaccination, symptom-onset timeline, hospitalization course, diagnostic testing, or specific findings from the death investigation. The stipulation stated that it should not be construed as an admission of causation by the United States or the Secretary of Health and Human Services.
Theory of causation
Petitioner Emily Claire Fontenot Quibodeaux, as legal representative of the estate of R.H.Q., filed a petition alleging that DTaP, hepatitis B, IPV, Hib, PCV, and rotavirus vaccines administered on February 25, 2013, caused R.H.Q. to suffer an encephalopathy, with death on December 20, 2014, alleged as a sequela of the vaccine-related injury. Respondent denied causation. The case was compensated via joint stipulation filed November 21, 2016, and adopted by Chief Special Master Nora Beth Dorsey on November 22, 2016. The public decision and stipulation do not provide details on the mechanism of injury, specific onset of symptoms, diagnostic testing, or death investigation findings. No litigated Althen findings or named experts are described in the public text. The award totaled $322,915.93, consisting of a $275,000.00 lump sum to the estate and $47,915.93 for reimbursement of a Louisiana Medicaid lien, payable jointly to petitioner and Louisiana Healthcare Connections. Attorneys for petitioner were Milton Clay Ragsdale, IV of Ragsdale LLC; respondent attorney was Voris Johnson.
Source PDFs
USCOURTS-cofc-1_16-vv-00286