D.E. v. HHS - Hepatitis A, chronic inflammatory demyelinating polyneuropathy (CIDP) (2015)

Filed 2014-07-25Decided 2015-02-02Vaccine Hepatitis A
compensated$380,000

Case summary [AI summaries can sometimes make mistakes]

On January 20, 2010, Jonathan and Yael Ellis, as parents and natural guardians of their minor son D.E., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. They alleged that D.E. suffered from chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of receiving the meningococcal and hepatitis A vaccines.

The respondent, the Secretary of Health and Human Services, denied that the vaccines caused D.E.'s CIDP or any other injury. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on July 25, 2014.

Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in the case.

The stipulation awarded D.E.'s estate a lump sum of $299,957.13, representing compensation for all damages available under 42 U.S.C. §300aa-15(a). Subsequently, on December 16, 2014, the parties filed another stipulation regarding attorneys' fees and costs.

This stipulation proposed an award of $72,834.40 for attorneys' fees and costs, payable to Petitioners and their counsel, Diana Sedar, and an additional $7,218.00 for guardianship costs, payable to Petitioners. Special Master Corcoran approved both stipulations.

The total award amounted to $380,000. The case was resolved by stipulation, with the court adopting the parties' agreement as its decision.

The public decision does not describe the onset of symptoms, specific clinical details of D.E.'s condition, any diagnostic tests performed, or the specific treatments received. The theory of causation is not detailed in the public decision.

Theory of causation

Petitioners alleged that D.E. suffered chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of receiving the meningococcal and hepatitis A vaccines. The respondent denied causation. The parties settled the case via stipulation, agreeing to an award of compensation without admitting or denying causation. The stipulation awarded a lump sum of $299,957.13 for D.E.'s estate and $72,834.40 for attorneys' fees and costs, plus $7,218.00 for guardianship costs, for a total award of $380,000. Special Master Brian H. Corcoran approved the stipulations. The public decision does not detail the specific mechanism of injury, expert testimony, or the medical evidence considered, as the case was resolved by stipulation. The theory of causation is unclear from the public record.

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