J.F. v. HHS - DTaP, febrile seizure, fall, and mandibular fracture (2023)

Emyli and Jeremy Ferguson, on behalf of their minor child J.F., filed a petition on August 2, 2021, seeking compensation under the National Vaccine Injury Compensation Program. They alleged that J.F. suffered a febrile seizure, fell, and sustained a mandibular fracture after receiving DTaP and/or PCV vaccines on November 12, 2020.

Petitioners further alleged that J.F. experienced residual effects lasting over six months. The respondent denied that the vaccines caused J.F.'s alleged injuries or any other condition, and denied that the vaccines caused a significant aggravation of any pre-existing injury or that the injury was a sequela of a vaccine-related injury.

Despite these positions, both parties agreed to settle the case through a stipulation filed on February 22, 2023. Chief Special Master Brian H.

Corcoran reviewed the case file and found the stipulation to be reasonable, adopting it as the decision. The stipulation awarded a total of $97,512.35 in compensation.

This included a lump sum of $90,000.00 payable to Petitioners as guardians/conservators of J.F.'s estate, contingent upon documentation of their appointment. Additionally, a lump sum of $512.35 was awarded to Petitioners, and $7,000.00 was awarded to reimburse a Medicaid lien for services rendered to Petitioner by the State of Arizona, payable jointly to Petitioners and Optum.

These amounts represent compensation for all damages available under Section 15(a) of the Act. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the names of any medical experts consulted.

The specific mechanism of causation was not detailed in the public decision.