J.M. v. HHS - MMRV, anaphylaxis (2016)
Case summary [AI summaries can sometimes make mistakes]
Leah Mims and Donelle Mims, as parents and natural guardians of their minor son J.M., filed a petition for compensation on May 19, 2016, under the National Vaccine Injury Compensation Program. They sought compensation for the death of J.M., who received Measles-Mumps-Rubella, Varicella, and Influenza vaccinations on October 19, 2015.
The petition alleged that within minutes of receiving these vaccinations, J.M. suffered from anaphylactic shock and shortly thereafter passed away. The petitioners asserted a "Table injury" claim, specifically anaphylaxis or anaphylactic shock within four hours of receiving any component of the measles, mumps, and rubella vaccine, as listed on the Vaccine Injury Table.
Alternatively, they alleged that J.M. suffered an injury that was caused-in-fact by the MMRV and/or influenza vaccinations. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 29, 2016, conceding that the petitioners were entitled to compensation.
The respondent concluded that J.M.'s anaphylaxis resulting in his death met the Table requirements for the presumptive injury of anaphylaxis and that compensation should be awarded, stating that the petitioners had satisfied all legal prerequisites for compensation under the Act. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on June 30, 2016, finding J.M. entitled to compensation.
Subsequently, on August 16, 2016, Chief Special Master Dorsey issued a decision awarding damages. The respondent's Rule 4(c) report and proffer included a recommendation for an award of $255,000.00 to the estate of J.M.
The respondent recommended this compensation be paid as a lump sum in the form of a check payable to the petitioners as legal representatives of the estate, contingent upon their providing documentation of their appointment as such. If they were not authorized, payment was to be made to the court-appointed legal representative.
The petitioners agreed with the proffered award. Based on the record and the respondent's concession, the Chief Special Master awarded a lump sum payment of $255,000.00, payable to Leah Mims and Donelle Mims as legal representatives of the estate of J.M., provided they submitted the necessary documentation.
If a different legal representative was appointed, the payment would be made to that party. This award represented compensation for all damages available under the Act.
The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments administered. The attorneys involved were Jeffrey S.
Pop for the petitioner and Darryl R. Wishard for the respondent.
Theory of causation
Petitioners alleged that minor J.M. suffered anaphylaxis and died within minutes of receiving Measles-Mumps-Rubella, Varicella, and Influenza vaccinations on October 19, 2015. They asserted a Table injury claim for anaphylaxis or anaphylactic shock within four hours of receiving a component of the measles, mumps, and rubella vaccine, as listed in 42 C.F.R. § 100.3(a)(III)(A) (2015). In the alternative, they alleged a cause-in-fact injury from the MMRV and/or influenza vaccinations. The respondent conceded that J.M.'s anaphylaxis resulting in his death met the Table requirements for the presumptive injury of anaphylaxis. The public text does not detail specific medical experts, the mechanism of injury beyond anaphylaxis, or specific clinical findings. Chief Special Master Nora Beth Dorsey ruled on entitlement on June 30, 2016, and awarded damages on August 16, 2016. The award was a lump sum of $255,000.00, payable to the petitioners as legal representatives of J.M.'s estate, pending documentation of their appointment. Petitioners' counsel was Jeffrey S. Pop, and respondent's counsel was Darryl R. Wishard.
Source PDFs
USCOURTS-cofc-1_16-vv-00596