Confidential
Settlement – $2,369,210Court
USDC Washington
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
John E. Nordstrand
(technical)
Chester T. Frethiem
(medical)
Edward L. Bennett M.A.
(technical)
Defendant
David Smalley
(technical)
Linda L. Cosby
(medical)
Facts
On February 6, 1989, Plaintiff, a 19-month-old toddler, was given her fourth DPT and Polio vaccine shot. The next day she developed tremors and balance difficulties with a decrease in appetite. Within 2 weeks she lost the ability to walk or talk. In January 1990, she was diagnosed as suffering from severe and multiple ailments from the vaccine. The Petition for Vaccine Compensation pursuant to the National Childhood Vaccine Injury Act of 1986 was submitted on February 3, 1992. Subsequently, the petition was granted and it was determined that Plaintiff was entitled to compensation under the act. All Defendants in such cases would be the same, the Secretary of the Department of Health and Human Services.
Settlement Discussions
Offers and demands, if any, were not disclosed.
Specials in Evidence
not in evidence not specified
Injuries
Mixed developmental disorder; cerebellar dysfunction; gross motor delay; speech impairment; acute cerebellar ataxia -- all with chronic residuals and requiring medical devices, various forms of therapy, and lifelong attendant care.
Other Information
This settlement was handled by Special Master Elizabeth Wright.
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