J.B. v. HHS - DTaP, morphea (2021)

On January 31, 2017, M.B. and J.B., on behalf of their minor child J.B., filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that J.B. suffered morphea as a result of receiving Diphtheria Tetanus acellular Pertussis (DTaP) and Polio Inactivated Virus (IPV) vaccines on July 27, 2015.

The petition also included claims for pneumococcal, rotovirus, and HIB immunizations administered on the same date. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused J.B.'s condition.

The parties filed a joint stipulation on December 19, 2019, agreeing to settle the case and award compensation. On December 20, 2019, Chief Special Master Brian H.

Corcoran issued a decision on the joint stipulation. The award included a lump sum of $119,050.00 for first-year life care expenses and pain and suffering, a lump sum of $50,000.00 for past unreimbursable expenses, and an amount sufficient to purchase an annuity contract for future expenses.

Judgment was entered on December 23, 2019. Subsequently, on March 8, 2021, the parties filed a joint motion for relief from judgment and entry of modified judgment.

They explained that delays in establishing guardianship for J.B. in Texas due to the COVID-19 pandemic meant that the original annuity payment schedule, which was to begin on the first anniversary of the judgment, could not be met because annuity companies cannot make payments in arrears. The parties requested that a portion of the annuity intended for future life care expenses be paid as a lump sum to account for the delay.

Specifically, they proposed that $6,812.00 for the second year of life care expenses be included in the initial cash award, bringing the total for life care expenses to $13,362.00. This modification would allow annuity payments to begin on the second anniversary of the judgment.

On August 5, 2021, Chief Special Master Corcoran granted the motion for relief from judgment under RCFC 60(b)(6), finding that the circumstances justified the amendment. The judgment was modified to reflect a total initial cash award of $125,862.00 for life care expenses and pain and suffering, plus the $50,000.00 for past unreimbursable expenses, and the annuity contract, with payments to begin on the second anniversary of the original judgment.

The total award, including the annuity, was $175,862.00 in initial cash awards plus the annuity.