Alexis Garner v. HHS - Varicella, disseminated varicella vaccine-strain viral disease (2019)
Case summary [AI summaries can sometimes make mistakes]
On August 27, 2017, Alexis Garner filed a petition under the National Vaccine Injury Compensation Program on behalf of her minor child, K.G. The petition alleged that K.G. received a varicella vaccine on May 18, 2015, and subsequently suffered two strokes and hemiparalysis.
The respondent filed a Rule 4(c) report on February 20, 2018, conceding that K.G.'s injury was consistent with disseminated varicella vaccine-strain viral disease, that the onset occurred within seven to forty-two days post-vaccination, that no other causes were identified, and that the sequelae lasted for more than six months. Based on this concession and the medical record, Special Master Thomas L.
Gowen ruled on March 5, 2018, that K.G. was entitled to compensation. The case then proceeded to the damages phase.
On July 31, 2019, the parties submitted a proffer on the award of compensation. Special Master Gowen issued a decision on damages on July 31, 2019, awarding compensation based on the proffer.
The award included a lump sum payment of $853,237.17 to Alexis Garner as guardian or conservator for K.G.'s benefit. This amount comprised $603,435.45 for lost future earnings, $235,000.00 for pain and suffering, and $14,801.72 for first-year life care expenses.
Additionally, a lump sum payment of $31,629.40 was awarded to satisfy the State of Maryland Medicaid lien, payable jointly to petitioner and the Maryland Department of Health. Another lump sum payment of $70,409.79 was awarded to satisfy the Kaiser Mid-Atlantic lien, payable jointly to petitioner and The Rawlings Company LLC.
The award also included an amount sufficient to purchase an annuity for future life care items as detailed in the life care plan, with specific growth rates for medical (5%) and non-medical (4%) items. The total of the lump-sum components was $955,276.36.
Petitioner was represented by John P. Valente III of The Valente Law Group, and respondent was represented by Darryl R.
Wishard of the United States Department of Justice.
Theory of causation
Petitioner K.G. received a varicella vaccine on May 18, 2015. The petition alleged that K.G. suffered disseminated varicella vaccine-strain viral disease, resulting in two strokes and hemiparalysis. Respondent conceded entitlement, agreeing that the injury was consistent with disseminated varicella vaccine-strain viral disease, with onset within 7-42 days post-vaccination, no other identified causes, and sequelae lasting over six months. Special Master Thomas L. Gowen ruled on entitlement on March 5, 2018. Damages were awarded via proffer on July 31, 2019. The award included a lump sum of $853,237.17 to K.G.'s guardian/conservator for lost future earnings ($603,435.45), pain and suffering ($235,000.00), and Year 1 life care expenses ($14,801.72). Additionally, $31,629.40 was awarded to satisfy the Maryland Medicaid lien and $70,409.79 to satisfy the Kaiser Mid-Atlantic lien. An amount sufficient to purchase an annuity for future life care items was also awarded. The total lump-sum components amounted to $955,276.36. Petitioner's attorney was John P. Valente III; respondent's attorney was Darryl R. Wishard. Special Master was Thomas L. Gowen.
Source PDFs
USCOURTS-cofc-1_17-vv-01166