John Roper v. HHS - DTaP, encephalopathy or encephalitis (2023)

On August 18, 2020, John Roper, as the parent and natural guardian of his son, J.R., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that the DTaP, Inactivated poliovirus (IPV), and hepatitis A vaccines administered to J.R. on September 28, 2018, caused him to suffer from encephalopathy or encephalitis, and that this condition lasted for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the vaccines caused J.R.'s alleged injury or current condition. The parties reached a resolution through a stipulation filed on July 12, 2023.

Special Master Herbrina Sanders adopted the stipulation and issued a decision awarding compensation on September 14, 2023. The award included a lump sum of $80,000.00 payable to John Roper as guardian or conservator of J.R.'s estate, representing compensation for all damages available under the Vaccine Act.

Additionally, a lump sum of $1,585.48 was awarded, payable to John Roper, for past unreimbursable expenses. The total compensation awarded was $81,585.48.

Petitioner was represented by Bruce W. Slane of the Law Office of Bruce W.

Slane, P.C., and respondent was represented by Tyler King of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.