Adam Perez v. HHS - Prevnar 13, necrotizing granuloma injuries (2024)

Adam Perez, as parent and natural guardian of L.P., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program on May 30, 2023. The petition alleged that a Prevnar 13 vaccine administered to L.P. on June 25, 2021, caused necrotizing granuloma injuries.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on December 28, 2023, conceding that L.P. is entitled to compensation. On April 25, 2024, Special Master Christian J.

Moran issued a ruling on entitlement. On April 30, 2024, the respondent filed a Proffer on Award of Compensation, which the petitioner agreed to.

The Special Master found the proffer reasonable and awarded compensation for pain and suffering not to exceed $45,000.00. This amount was to be used to purchase an annuity contract for L.P.

The annuity contract will provide payments of $23,207.84 per year for four years certain, beginning on December 8, 2038. The purchase price of the annuity was to be neither greater nor less than $45,000.00, with adjustments to the annuity payment if the cost varied.

Should L.P. predecease the payment of any certain annuity payments, those payments would be made to his estate. The award represents all elements of compensation to which L.P. would be entitled under the Vaccine Act.

The case was resolved through this stipulated award. Petitioner counsel was Amy A.

Senerth of Muller Brazil, LLP, and respondent counsel was Lauren Kells of the United States Department of Justice. The decision was issued by Special Master Christian J.

Moran.