E. Drew Britcher,
Armand Leone, Jr. and Mindy M. Roth LLC
The parties to a National Vaccine Compensation Claim today agreed not to seek a review and to accept a decision, dated March 31, 2000, by Special Master Laura Millman of the United States Court of Federal Claims. The decision awards a life-care plan, which will pay $40 Million to a Brooklyn girl who requires constant medical attention for her developmental disabilities and seizures that resulted from a whole-cell DTP vaccination. Britcher, Leone & Roth, LLC successfully prosecuted this case involving complex medical issues. The plan will provide in excess of $8 million in present value benefits and $40 million in benefits, if the child lives to age 76.
The U.S. Court of Claims approved this settlement for the estate of an infant who died three hours after the administration of a Diphtheria Pertussis Tetanus Vaccination. The firm obtained this compensation under the Childhood Vaccination Injury Compensation Act, which provides for a maximum of $250,000 in a death case. This settlement was particularly noteworthy because the infant had other significant medical problems, which could have arguably contributed to the cause of death.
A Paterson girl suffered retardation, seizures and behavioral disorders from a rubella vaccine. Our firm alleged that the vaccine, which led to her being stricken with encephalopathy, caused her disabilities. The $19 million total payments to be received are based on the girl's life expectancy of age 75.