Appellate court confirms award to child and family from National Vaccine Injury Program

After ten years of litigation, Lommen Abdo clients Doug and Rhonda Paluck have prevailed in their request for compensation for their minor son for injuries he sustained as a result of receipt of childhood vaccines.

In 2005, attorney Sheila Bjorklund filed a petition for compensation on behalf of the Palucks and their minor son under the National Vaccine Compensation Act. The petition alleged that the minor child suffered a neurodegenerative injury following receipt of the MMR, pneumococcal and varicella vaccines. Richard Frye, M.D., a prominent pediatric neurologist and metabolic specialist, provided expert support for the Palucks’ claims. A special master with the Court of Federal Claims denied the claim. The Palucks appealed to a judge of the Court of Federal Claims who overturned the special master twice.

The Department of Justice, who defends all claims brought under the Vaccine Act, appealed to the Federal Circuit Court of Appeals. In a decision released May 20, 2015, a three-judge panel affirmed the Court of Federal Claims and reinstated the Palucks’ award of compensation under the Act. The Palucks’ minor son is severely handicapped and will now receive sufficient compensation to meet his intensive daily care needs.

Read more about the vaccine injury decision.