J.C.R. v. HHS - Hepatitis B, transverse myelitis and/or Guillain-Barre syndrome (2017)
Case summary [AI summaries can sometimes make mistakes]
On June 15, 2005, J.C. filed a petition under the National Vaccine Injury Compensation Program on behalf of his son, J.C.R., alleging that the Hepatitis B and Tetanus vaccines administered on June 16, 2003, caused transverse myelitis (TM) and/or Guillain-Barre syndrome (GBS). The case involved extensive litigation regarding entitlement.
Initially, Special Master Christian J. Moran denied entitlement, focusing on the medically acceptable timeframe for molecular mimicry following vaccination.
The Court of Federal Claims remanded the case multiple times, including for issues concerning expert evidence. Ultimately, in 2015, the Court of Federal Claims sustained the Special Master's denial of entitlement.
However, the case later resolved by stipulation. The caption was amended to reflect J.C.R.'s adulthood, and the final public decision was reissued in redacted form on December 6, 2017, using initials.
A corrected stipulation was filed on November 21, 2017, after an earlier stipulation and decision were stricken due to an error reported by the respondent. The respondent continued to deny that the vaccines caused or significantly aggravated J.C.R.'s condition.
Nevertheless, the parties agreed to compensation. Chief Special Master Nora Beth Dorsey adopted the corrected stipulation on November 22, 2017.
The award included a lump sum of $1,248,834.30 payable to J.C.R., comprising $48,328.00 for first-year expenses, $960,377.30 for past and future lost wages (reduced to net present value), and $240,129.00 for actual and projected pain and suffering (reduced to net present value). An additional lump sum of $261,189.23 was payable to J.C.R. and the California Department of Health Care Services to satisfy a Medicaid lien.
The stipulation also included an amount sufficient to purchase an annuity contract, representing all damages available under the Vaccine Act. Petitioner's counsel was Jeffrey S.
Pop, and respondent's counsel was Linda S. Renzi.
Theory of causation
Petitioner alleged that the Hepatitis B and Tetanus vaccines administered on June 16, 2003, to J.C.R. (age 13) caused transverse myelitis and/or Guillain-Barre syndrome, with onset approximately 24 hours later. The case involved extensive litigation, with Special Master Christian J. Moran repeatedly denying entitlement, questioning the 24-hour onset timeframe for molecular mimicry. The Court of Federal Claims initially sustained these denials but later remanded for further clarification regarding expert testimony, specifically concerning Dr. John T. Sladky, whose credibility and reliability were questioned due to undisclosed substance abuse and licensure issues. Ultimately, the case was resolved by a corrected stipulation, adopted by Chief Special Master Nora Beth Dorsey on November 22, 2017, with a final redacted decision issued on December 6, 2017. Respondent denied causation and significant aggravation. The award included a lump sum of $1,248,834.30 to J.C.R. ($48,328.00 for first-year expenses, $960,377.30 for past/future lost wages, and $240,129.00 for pain/suffering), plus $261,189.23 for a California Medicaid lien, and an amount for an annuity. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Linda S. Renzi. Petition filed June 15, 2005.
Source PDFs
USCOURTS-cofc-1_05-vv-00626