K.E. v. HHS - Varicella, varicella-strain virus and related sequelae as well as vaccine-induced encephalopathy (2021)

On November 15, 2019, Brittany Dock, on behalf of K.E., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that K.E. suffered from "varicella-strain virus and related sequelae as well as vaccine-induced encephalopathy" as a result of receiving a varicella vaccine on February 6, 2017.

The respondent, the Secretary of Health and Human Services, reviewed the petition and the associated medical records. In a report filed on November 10, 2020, the respondent conceded that K.E. is entitled to compensation.

The respondent stated that medical personnel had reviewed the case and concluded that the petitioner satisfied the criteria set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation for disseminated varicella vaccine-strain viral disease. Consequently, the respondent determined that the petitioner had met all legal prerequisites for compensation under the Act.

Special Master Nora Beth Dorsey reviewed the record, including the respondent's concession, and found that the petitioner is entitled to compensation. The case was then set to proceed to the damages phase.

Jonathan J. Svitak and Shannon Law Group represented the petitioner, and Lara A.

Englund represented the respondent. The decision on entitlement was issued on April 27, 2021.