A.W. v. HHS - DTaP, death (2021)
Case summary [AI summaries can sometimes make mistakes]
On January 26, 2018, Taylor E. Porter and Kelvin D.
Woods, as the natural parents of A.W., a minor, filed a petition alleging that their child passed away as a result of the diphtheria-tetanus-acellular pertussis (DTaP), hepatitis B, inactivated polio vaccine (IPV), haemophilus influenzae type B (Hib), pneumococcal conjugate (PCV13), and rotavirus vaccines A.W. received on May 24, 2017. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused A.W.'s death.
On December 7, 2021, the parties filed a stipulation recommending an award of compensation. The Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the Court.
The stipulation recommended a lump sum payment of $75,000.00 to the petitioners as legal representatives of A.W.'s estate, representing compensation for all damages available under the law. The parties jointly filed notice renouncing the right to seek review, and judgment was entered accordingly.
Theory of causation
Petitioners alleged that A.W. passed away as a result of the diphtheria-tetanus-acellular pertussis (DTaP), hepatitis B, inactivated polio vaccine (IPV), haemophilus influenzae type B (Hib), pneumococcal conjugate (PCV13), and rotavirus vaccines received on May 24, 2017. The respondent denied that the vaccines caused A.W.'s death. The parties filed a stipulation recommending an award of compensation, which the Special Master adopted. The public decision does not describe the specific theory of causation, clinical details, expert testimony, or the mechanism of injury. The award was a lump sum of $75,000.00. The decision was based on a stipulation, not on a finding of causation. Special Master Nora Beth Dorsey issued the decision on December 7, 2021. Petitioners' counsel was Carol L. Gallagher, and respondent's counsel was Mitchell Jones.
Source PDFs
USCOURTS-cofc-1_18-vv-00132