Scarlett Ochoa v. HHS - DTaP, anaphylaxis, anaphylactic shock, and acute encephalopathy (2017)

Lauren Ochoa, mother of Scarlett Ochoa, filed a petition on November 1, 2017, seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that vaccinations administered on June 5, 2015, particularly the Pediarix vaccine, caused Scarlett to suffer Table Injuries, including anaphylaxis, anaphylactic shock, and acute encephalopathy, which resulted in her death on June 9, 2015.

Respondent filed an Amended Rule 4(c) Report conceding that Petitioner’s claim is compensable. A Ruling on Entitlement was issued finding Petitioner entitled to compensation, and the parties subsequently filed a proffer, which was adopted.

Petitioner then filed a motion requesting attorneys’ fees and costs totaling $20,289.82. Respondent indicated satisfaction with the statutory requirements for the award but deferred to the Special Master’s discretion on the amount.

The Special Master reviewed the hourly rates requested by the attorneys and determined that the local rates in the Greater Seattle area were not sufficiently different from the forum rates to apply the Davis exception. The requested attorneys' fees and costs were awarded, totaling $20,289.82, payable jointly to Petitioner and her counsel.