Rodriguez, minor v. Secretary of HHS
Dempsey Kingsland Osteen represented one year-old Mario Rodriguez who became quadriplegic suffering from transverse myelitis after receiving the measles, mumps and rubella vaccination in Kansas City on January 25, 2000.
The award in this case was received after a long battle in the courts and after achieving a reversal in the federal court of claims resulting in Judgment in favor of Mario Rodriguez. The award to young Mario Arturo Rodriguez is thought to be one of the largest settlements ever reached under the no-fault National Vaccine Injury Compensation Program. The hospital was not a Defendant in the lawsuit. Under the guidelines of the national vaccine program, the lawsuit was filed against the Department of Health and Human Services, which runs the vaccine program.
Mario is expected to have a normal lifespan, and therefore will require round-the-clock care, including extensive medical intervention, throughout his life. The settlement will be paid over Mario’s lifetime. Lawyers active in preparation of the case were Leland Dempsey. $43.1 Settlement.