S.L. v. HHS - Influenza, gross motor regression, speech regression, nystagmus and ataxia, with subsequent aggravating sequelae lasting more than six months; significant aggravation of a pre-existing neurodevelopmental disorder that was due to a genetic mutation (2016)

On November 25, 2009, John Libby and Karla Stone, as parents and natural guardians of their minor daughter S.L., filed a petition under the National Vaccine Injury Compensation Program. They alleged that S.L. suffered gross motor regression, speech regression, nystagmus, and ataxia, with subsequent aggravating sequelae lasting more than six months, as a result of an influenza vaccination received on November 28, 2006.

Petitioners further alleged that the vaccine caused a significant aggravation of a pre-existing neurodevelopmental disorder due to a genetic mutation, and that S.L. suffered residual effects of this aggravation for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused S.L.'s alleged injuries or aggravated her pre-existing condition.

On August 23, 2016, the parties filed a joint stipulation for damages. Special Master Thomas L.

Gowen adopted the stipulation as the decision of the Court. The stipulation awarded S.L. a total of $1,733,455.70.

This amount included a lump sum of $1,183,455.70 for first-year life expenses and trust seed funds, payable to Regions Bank as trustee. An additional lump sum of $500,000.00 was awarded for lost future earnings and pain and suffering combined, payable to petitioners as guardians/conservators of S.L.'s estate, contingent upon documentation of their appointment.

A further lump sum of $50,000.00 was awarded for past unreimbursable expenses, payable to John Libby and Karla Stone. The award also included an amount sufficient to purchase an annuity contract for benefits described in the stipulation.

The clerk of the court was ordered to enter judgment in accordance with the terms of the stipulation. Ronald C.

Homer represented the petitioners, and Glenn A. MacLeod represented the respondent.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation.