Grant F. McCollum v. HHS - DPT, seizure disorder and various brain abnormalities (2010)

In March 1994, Timothy and Lee Ann McCollum filed a petition on behalf of their son, Grant F. McCollum, seeking compensation under the National Vaccine Injury Compensation Program.

Grant, born April 21, 1992, received a Diphtheria-Pertussis-Tetanus (DPT) vaccination at three months old, after which he was diagnosed with a seizure disorder and various brain abnormalities. The initial proceedings determined that Grant's injuries were caused by the DPT vaccine and that he was entitled to compensation.

Following two years of negotiations, a stipulation was signed on March 14, 2000, and judgment was entered on March 29, 2000. The award included a lump sum of $607,093.58 for past expenses, pain and suffering, and lost wages; $79,205.00 for a reversionary supplemental-needs trust for future residential care; and funds to purchase an annuity, later set at $1,326,959.00, to cover seventeen categories of future expenses, including home health attendant care and residential facility expenses.

The public decision does not name the petitioner counsel or respondent counsel. Special Master Laura D.

Millman initially determined entitlement, and the parties later agreed to the award terms. The case was litigated before Judge George W.

Miller for the review of the Special Master's denial of a motion to reopen and modify the award. Years after the initial award, Grant's health deteriorated, with reported lung damage, a cortisol deficiency, a compromised immune system, and recurrent infections.

His parents sought to modify the award to keep Grant at home with two attendants, requesting that funds designated for residential care be redirected to pay Timothy McCollum to serve as a second home health aide and cover his health insurance. Their initial attempt in New York Surrogate's Court to modify trust agreements and permit a second home in Florida was partially successful in appointing a standby guardian but denied other relief.

Petitioners then moved the special master to reopen the judgment under RCFC 60(b)(6) and modify the trust. Special Master Millman denied this request on July 27, 2009.

Judge George W. Miller affirmed this decision on January 26, 2010.

The court held that the Vaccine Act does not permit recovery of a parent's lost wages for caring for their child, nor does it authorize paying a parent to act as a home health aide for their own child. The court further found that Grant's later health deterioration did not constitute the extraordinary circumstances required to reopen a final judgment under Rule 60(b)(6), especially given Congress's repeal of a prior provision that allowed for the revision of insufficient awards.

The court emphasized that Congress's actions indicated an intent to limit post-judgment amendments, particularly those based on changes in health. As a result, the McCollums were bound by the original compensation judgment, and their request for an increased or restructured award was denied.

The public decision does not name the Special Master or the judge by name in the summary, but the opinion text names Special Master Laura D. Millman and Judge George W.

Miller.