Y.M.B. v. HHS - DTaP, encephalopathy (2018)

On February 8, 2017, a petition was filed for minor Y.M.B. alleging that she suffered fever, status epilepticus, and acute encephalitis causally related to vaccinations received on October 7, 2015. The petition specifically cited the DTaP vaccine and alleged "Table encephalopathy" as the injury.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 23, 2018, conceding that Y.M.B. met the statutory criteria for Table encephalopathy following DTaP vaccination and that the evidence did not preponderantly show the encephalopathy was due to factors unrelated to the vaccination. Based on this concession, Chief Special Master Nora Beth Dorsey ruled on February 27, 2018, that Y.M.B. was entitled to compensation.

A subsequent decision on December 19, 2018, detailed the award of damages. River Communities Fiduciary Services appeared on behalf of Y.M.B.'s estate for the damages phase.

The award included a lump sum of $1,260,924.06, which comprised $209,400.51 for first-year life care expenses, $801,523.55 for future lost wages, and $250,000.00 for pain and suffering. Additionally, a lump sum of $13,288.47 was awarded for actual unreimbursable expenses.

The award also covered Medicaid liens: $32,448.05 to North Carolina, $7,457.08 to Colorado, and $4,285.90 to Pennsylvania. The decision also stipulated an amount sufficient to purchase an annuity for future life care items, with specific growth rates applied to medical (5%) and non-medical (4%) items, though the purchase price of the annuity was not stated.

Petitioner was represented by Anne Carrion Toale of Maglio Christopher & Toale, P.A., and respondent was represented by Glenn Alexander MacLeod of the U.S. Department of Justice.