O.R.* was a one-year-old healthy baby girl who was already walking and climbing. On February 13, 2013, she received vaccinations for Measles Mumps Rubella (MMR), Hepatitis A, Haemophilus Influenzae type B (Hib), Prevnar (pneumonia), and Varicella (chickenpox). That evening, the mother noticed baby O.R. was irritable and feverish. After a call to the pediatrician, the doctor advised Mom to give her Tylenol and Benadryl. The fever continued for several days and on the evening before the baby’s scheduled pediatrician visit, O.R. began having severe seizures. She was rushed to the emergency room. Baby O.R. went into cardiac and respiratory arrest and doctors placed her on a ventilator.
The seizures and cardiac arrest left O.R. with a severe brain injury, encephalopathy, cortical vision impairment, truncal hypotonia (low muscle tone), and kidney failure. After months of treatment at the hospital, baby O.R. finally went home, but her disabilities require specialized medical care and supervision around the clock for the rest of her life.
The family received a lump sum of $1 million dollars to cover the immediate costs of medical bills and expenses from when the injury first happened. The rest will be paid out through an annuity over the child’s lifetime. The attorneys’ fees and costs are paid by the Vaccine Injury Compensation Program separately from the money awarded to the child. You can download a copy of this vaccine injury case here.
Source: Maglio, Christopher and Toale Law Firm, 17th July 2018.