T.W. v. HHS - DTaP, macrophagic myofasciitis (MMF) (2019)
Case summary [AI summaries can sometimes make mistakes]
Renee Woods and Ryan Woods, as parents and natural guardians of their minor child T.W., filed a petition on November 15, 2016, alleging that the Dtap, MMR, IPV, and varicella vaccines T.W. received on January 14, 2014, caused him to suffer macrophagic myofasciitis (MMF) and its residual effects for more than six months. The vaccines are listed on the Vaccine Injury Table.
The respondent denied that the vaccines caused or aggravated T.W.'s alleged injury. However, the parties reached a joint stipulation for compensation, which Special Master Christian J.
Moran adopted as the decision of the Court. The stipulation awarded T.W. a lump sum of $23,329.96 for past unreimbursable expenses, payable to his parents, Renee Woods and Ryan Woods.
Additionally, an amount sufficient to purchase an annuity contract for all other damages was awarded, to be paid to a life insurance company. The case was resolved via stipulation, and judgment was to be entered accordingly.
Jeffrey S. Pop represented the petitioner, and Darryl R.
Wishard represented the respondent.
Theory of causation
The petition alleged that the Dtap, MMR, IPV, and varicella vaccines administered on January 14, 2014, caused T.W. to suffer macrophagic myofasciitis (MMF) and its residual effects for more than six months. The vaccines are listed on the Vaccine Injury Table. The respondent denied causation. The parties reached a joint stipulation for compensation, which Special Master Christian J. Moran adopted. The award included a lump sum of $23,329.96 for past unreimbursable expenses and an amount for an annuity contract for all other damages. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts regarding T.W.'s condition or the onset of symptoms. The theory of causation relied upon the Vaccine Injury Table. The decision was filed on December 11, 2019. Attorneys involved were Jeffrey S. Pop for the petitioner and Darryl R. Wishard for the respondent.
Source PDFs
USCOURTS-cofc-1_16-vv-01520