D.E. v. HHS - Hepatitis A, chronic inflammatory demyelinating polyneuropathy (CIDP) (2014)
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.
Source PDFs
USCOURTS-cofc-1_10-vv-00039