B.M. v. HHS - MMR, periodic fever, aphthous stomatitis, pharyngitis, adenitis (“PFAPA”) with secondary seizures (2024)

Brianne and William Morgan, parents of minor child B.M., filed a petition for vaccine compensation on August 29, 2019, alleging that B.M. suffered from periodic fever, aphthous stomatitis, pharyngitis, adenitis (PFAPA) with secondary seizures as a result of receiving the measles, mumps, and rubella (MMR), Haemophilus influenzae type B (Hib), and varicella vaccines on October 30, 2017. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused B.M.'s alleged injuries.

However, the parties reached a stipulation to settle the case. The stipulation provided for a lump sum of $15,000.00 for past unreimbursable expenses, payable to the petitioners.

Additionally, an amount sufficient to purchase an annuity contract for B.M.'s future damages was to be paid to a life insurance company. This annuity contract includes a $50,000 lump sum payment at age 24 (October 26, 2040), monthly payments of $2,500.00 for five years starting at age 25 (October 26, 2041), and another lump sum payment of $96,696.69 at age 30 (October 26, 2046).

The total compensation awarded, including the lump sum for past expenses and the purchase price of the annuity, amounts to $161,696. The decision was issued by Special Master Thomas L.

Gowen on October 15, 2024. The case was treated as a Table claim, as the vaccines are listed on the Vaccine Injury Table.

The parties agreed to settle the case, and the court entered a judgment in accordance with the stipulation. Petitioners were represented by Andrew D.

Downing of Downing, Allison & Jorgenson, and respondent was represented by Mary E. Holmes of the U.S.

Department of Justice.