J.C.R. v. HHS - Hepatitis B, transverse myelitis and/or Guillain-Barre syndrome (2017)

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.