Emily Barmichael v. HHS - DTaP, benign granuloma (2024)
Case summary [AI summaries can sometimes make mistakes]
Emily Barmichael, as the parent and legal representative of her minor child E.C.B., filed a petition on November 2, 2022, seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that the diphtheria, tetanus, and acellular pertussis (DTaP) vaccine administered to E.C.B. on November 13, 2019, caused her daughter to develop an aluminum allergy, post-vaccination granuloma, lymphadenopathy, and resultant sequelae.
The respondent, the Secretary of Health and Human Services, reviewed the petition and medical records. In a Rule 4(c) Report filed on June 22, 2023, the respondent conceded that E.C.B. developed a benign granuloma in her right thigh, which was more likely than not a localized allergic reaction to the DTaP vaccine.
The respondent also stated that no other causes for E.C.B.'s granuloma were identified and that the injury satisfied the statutory requirement of lasting at least six months or resulting in inpatient hospitalization and surgical intervention. Based on this concession, Special Master Katherine E.
Oler issued a Ruling on Entitlement on June 22, 2023, finding E.C.B. entitled to compensation for the benign granuloma. The respondent did not concede petitioner's other claimed injuries, including aluminum allergy, lymphadenopathy, and/or dermatitis.
On March 7, 2024, the respondent filed a proffer agreeing to an award of $25,000.00 for pain and suffering and $715.94 to satisfy a Medicaid lien. The Special Master adopted the proffer in a Decision Awarding Damages issued on April 2, 2024, awarding a total of $25,715.94.
The award for pain and suffering was to be paid as a lump sum check to petitioner as guardian/conservator for the benefit of E.C.B., contingent upon documentation of guardianship. The Medicaid lien payment was to be made jointly to petitioner and Simply Healthcare Plans, Inc.
Petitioner was represented by Ramon Rodriguez III of Sands Anderson PC, and the respondent was represented by James Lopez of the U.S. Department of Justice.
Special Master Katherine E. Oler presided over the case.
Theory of causation
Petitioner Emily Barmichael alleged that the DTaP vaccine administered to minor E.C.B. on November 13, 2019, caused an aluminum allergy, post-vaccination granuloma, lymphadenopathy, and resultant sequelae. The respondent conceded that E.C.B. developed a benign granuloma in her right thigh, which was more likely than not a localized allergic reaction to the DTaP vaccine, and that no other causes were identified. The respondent also confirmed the injury met the duration requirement. The Special Master found entitlement based on this concession. The parties agreed to an award of $25,000.00 for pain and suffering and $715.94 for a Medicaid lien, totaling $25,715.94. The theory of causation was an off-Table localized allergic reaction to the DTaP vaccine. No specific medical experts were named in the provided text. The Special Master was Katherine E. Oler. Petitioner's counsel was Ramon Rodriguez III, and respondent's counsel was James Lopez. The decision awarding damages was issued on April 2, 2024.