A.S. v. HHS - DTaP, Kawasaki disease, encephalopathy, and seizure disorder allegedly following DTaP, hepatitis B, IPV, Hib, PCV, and rotavirus vaccines (2023)

On February 5, 2018, Amber Barenblit, on behalf of her minor daughter A.S., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that A.S. received diphtheria-tetanus-acellular pertussis (DTaP), hepatitis B (Hep B), inactivated polio (IPV), Haemophilus influenzae type b (Hib), Pneumococcal conjugate (PCV), and Rotavirus vaccines on February 11, 2015, and April 30, 2015.

It was alleged that following these vaccinations, A.S. sustained Kawasaki disease, encephalopathy, and a seizure disorder. The respondent, the Secretary of Health and Human Services, denied that A.S. sustained any vaccine-related injuries, denied that the vaccines caused her alleged injuries or any other injury, and denied that her current condition was a sequela of any vaccine-related injury.

Despite these denials, the parties filed a joint stipulation on October 31, 2023, recommending an award of compensation. Special Master Nora B.

Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. The stipulation provided for a lump sum award of $15,000.00, payable to Petitioner as guardian/conservator of A.S.'s estate, representing all damages available under the Vaccine Act.

Petitioner was represented by Mark Theodore Sadaka of the Law Offices of Sadaka Associates, LLC. Respondent was represented by Julia Marter Collison of the U.S.

Department of Justice. The public decision does not provide A.S.'s date of birth or exact age, describe her health prior to vaccination, detail the onset of symptoms, specify clinical findings, list treatments, name any treating physicians or experts, or explain a biological mechanism connecting the vaccines to the alleged injuries.

The parties agreed to waive their right to seek review, and judgment was entered accordingly.