French v. Secretary of Health and Human Services
14-383
| Fed. Cl. | Feb 28, 2017Background
- Petitioners Angie and Dan French filed a Vaccine Program petition on behalf of their minor daughter V.F. alleging acute liver failure and autoimmune hepatitis type 2 following DTaP and Hib vaccinations administered January 15, 2013.
- Petition alleges onset of symptoms on or about February 9, 2013, with residual effects lasting more than six months and anticipated need for lifelong immunosuppression.
- Respondent denied the vaccines caused V.F.’s injuries but the parties entered a joint stipulation to settle the claim.
- Stipulation provides for payment: $2,500 to parents for past unreimbursed expenses; $60,000 payable to petitioners as guardians/conservators of V.F.’s estate; and funds sufficient to purchase an annuity providing specified guaranteed lump sums to V.F. in 2029, 2034, and 2037.
- The Special Master found the stipulation reasonable, adopted it as the Court’s decision, and ordered entry of judgment consistent with the stipulation; attorneys’ fees and costs were reserved for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Causation / entitlement | Vaccines (DTaP, Hib) caused V.F.’s acute liver failure and autoimmune hepatitis type 2 with lasting sequelae | Vaccines did not cause V.F.’s injuries or current disabilities | Parties settled; Special Master adopted the stipulation and awarded compensation (no adjudication on causation) |
| Appropriate relief / damages | Requested compensation for past expenses, future needs via lump sums and annuity | Agreed to settle with jointly proposed terms (respondent did not concede causation) | Stipulated award approved: $2,500 (past expenses), $60,000 (guardians/conservators), annuity funding to provide three guaranteed future lump sums |
| Structure and security of annuity | Ensure annuity purchased from highly rated insurer and payments guaranteed to V.F. | Agreed to insurer rating and capital requirements; noted that HHS/USA not responsible for future annuity payments after purchase | Stipulation requires purchase from insurer meeting specified ratings and that HHS will purchase the annuity but is released from obligations after annuity purchase |
| Attorneys’ fees and costs | Petitioners to seek reasonable fees and costs | Respondent reserved on amount; parties to submit fee application | Fees and costs reserved for separate proceedings before the Special Master following judgment and petitioners’ election to receive compensation |
Key Cases Cited
None cited in the decision.