Anapol Schwartz Attorneys Settle $40 Million Vaccine Case on Behalf of Injured Child

Anapol Schwartz attorneys Lawrence R. Cohan and David Carney obtained a settlement of $9 million with a lifetime payout of $40 million on behalf of a child who suffered a rare reaction to the common chicken pox vaccine (United States Court of Federal Claims Office Of Special Masters No. 11-637V). The young boy who is now left with a life-long developmental delay and intractable seizure disorder will now be able to receive comprehensive treatment and care for the rest of his life.

The child and his parents will never be able to get their normal life back, but Cohan and Carney were able to help them get assistance for his lasting injuries from encephalopathy, brain atrophy and cardiac arrest, which he suffered as a reaction to the varicella vaccine.

"We were thrilled to obtain this recovery on behalf of a catastrophically injured child who suffered a rare and terrible reaction to the vaccine," said Cohan, Anapol Schwartz shareholder and partner. "While money will never restore health or quality of life, we are confident our clients' needs will be met for the rest of his life."

The one-year-old child was pulling out his hair and scratching at crusted-over lesions on his face just weeks after he received the vaccination. Then, what started out as a diagnosis of vaccine-related chicken pox quickly turned into a nightmare. In addition to the spreading, inflamed and blistered rash on his body and face, he developed the brain disease known as encephalopathy; he was writhing and unresponsive to stimulation and had high blood pressure and urinary retention. When he suffered cardiac arrest, it took physicians 20 minutes to resuscitate him.

"Our client and his parents have suffered physically, mentally and emotionally from this rare and unpredictable vaccine adverse event," Carney said. "Seeing the emotional and financial burden lifted from the parents' shoulders as a result of this award has been extremely gratifying, and it's these private encounters with the client that makes representing victims of vaccine injuries so rewarding."

Although encephalitis is a well-documented result of chicken pox, it is much less frequently a result of the disease's vaccine. The case handled in the Federal Court of Claims in Washington, D.C. did not involve a contaminated batch of vaccines or liability on the part of the vaccine manufacturer. Only causation and the child's damages needed to be proved.


Despite this one horrific outcome, the Pennsylvania personal injury attorneys at Anapol Schwartz encourage everyone to continue to get vaccinated as per physician recommendations.


About Anapol Schwartz: Anapol Schwartz is national leader in product liability and pharmaceutical litigation, having successfully litigated thousands of cases in state and federal courts during the last 30 years. The firm has obtained hundreds of millions of dollars in successful verdicts, settlements and judgments on behalf of its clients.