Vaccine Injury Compensation Awarded to Family of Minor Child

Strategic Insights -

On January 16, 2019, Tina D'Errico and Paul D'Errico filed a petition on behalf of their minor child, R.D., seeking compensation under the National Vaccine Injury Compensation Program due to alleged injuries suffered from the measles-mumps-rubella ("MMR") and varicella vaccines administered on June 2, 2017. The petitioners alleged that the vaccines caused acute demyelinating encephalomyelitis ("ADEM"), a serious neurological condition.

Key Takeaways:

  • The United States Court of Federal Claims has issued an opinion awarding compensation to the family of minor child R.D. due to injuries allegedly caused by the measles-mumps-rubella ("MMR") and varicella vaccines.
  • The parties filed a stipulation on June 23, 2025, agreeing to a joint decision awarding compensation to the petitioners in the amount of $95,000.00.
  • The stipulation, approved by Special Master Herbrina D.S. Young, includes a payment of $95,000.00 to purchase an annuity contract described in paragraph 10 of the stipulation.
  • The award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).
  • The Clerk of Court is directed to enter judgment in accordance with the terms of the parties' stipulation, as provided under Vaccine Rule 11(a).

Statistics:

  • $95,000.00: the amount awarded to the petitioners to purchase the annuity contract described in paragraph 10 of the stipulation.
  • 42 U.S.C. § 300aa-15(a): the statute under which the award is made, providing for compensation for all damages in vaccine injury cases.
  • 2017: the year the measles-mumps-rubella ("MMR") and varicella vaccines were administered to minor child R.D.
  • June 2, 2017: the date on which the vaccines were administered.
  • January 16, 2019: the date on which the petitioners filed the petition for compensation.

Sources:

  • United States Court of Federal Claims, OFFICE OF SPECIAL MASTERS, Filed: June 24, 2025
  • 42 U.S.C. § 300aa-10 to -34 (2018)
  • National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.