L.S. v. HHS - diphtheria, tetanus, and pertussis, Hematuria and Henoch-Schonlein purpura (HSP) (2024)

On November 1, 2018, petitioner Amy Sullivan, as parent and natural guardian for minor L.S., filed a petition for compensation under the National Vaccine Injury Compensation Program. The initial petition alleged that L.S. suffered hematuria and Henoch-Schonlein purpura (HSP) as a result of his diphtheria, tetanus, and pertussis vaccination on October 19, 2016.

An amended petition filed on January 9, 2022, alleged that L.S.'s condition was a result of his hepatitis B, measles, mumps, and rubella (MMR), and varicella-zoster virus (VZV) vaccines administered on June 8, 2016. The petitioner alleged that L.S. experienced residual effects for more than six months and met other program requirements, including that there had been no prior award or settlement of a civil action for damages and that the vaccine was administered in the United States.

The respondent denied that any of the vaccines caused or significantly aggravated L.S.'s alleged hematuria/HSP or any other injury or his current condition. Despite the respondent's denial, the parties filed a joint stipulation on August 13, 2024, agreeing that compensation should be awarded.

Special Master Daniel T. Horner found the stipulation reasonable and adopted it as the decision of the Court.

The award includes a lump sum of $5,000.00, payable to the petitioner, for past reimbursable expenses. Additionally, $35,000.00 was awarded to purchase an annuity contract, paid to a life insurance company.

The total award of $40,000.00 is intended to compensate for all items of damages available under the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.

The names of petitioner counsel were Amy A. Senerth of Muller Brazil, LLP, and respondent counsel was Emilie Williams of the U.S.

Department of Justice.