Robert DiMatteo v. HHS - Varicella, transverse myelitis (2014)
Case summary [AI summaries can sometimes make mistakes]
On August 19, 2010, Robert and Susan DiMatteo filed a petition for compensation under the National Vaccine Injury Compensation Program on behalf of their minor son, Robert DiMatteo. They alleged that Hepatitis A and Varicella vaccinations administered to Robert DiMatteo on August 12, 2009, caused him to develop transverse myelitis (TM).
Patricia Ann Finn represented the petitioner, and Jennifer Reynaud represented the respondent, the Secretary of Health and Human Services. Once Robert DiMatteo reached the age of majority, he was substituted as the petitioner.
On November 28, 2014, the respondent filed an amended report conceding that the petitioner was entitled to compensation. The respondent agreed that the evidence established that the petitioner's TM was caused-in-fact by the August 12, 2009 varicella vaccine and was not due to unrelated factors.
Based on this concession and a review of the record, Special Master Lisa Hamilton-Fieldman found the petitioner entitled to compensation. The case was then proceeding to the damages phase.
The decision on entitlement was issued on December 1, 2014.
Theory of causation
The petitioner alleged that the Hepatitis A and Varicella vaccinations administered on August 12, 2009, caused transverse myelitis (TM). The respondent conceded that the evidence established that the petitioner's TM was caused-in-fact by the August 12, 2009 varicella vaccine and was not due to unrelated factors. Special Master Lisa Hamilton-Fieldman ruled on entitlement based on this concession and a review of the record, finding the petitioner entitled to compensation. The case proceeded to the damages phase. The petitioner was represented by Patricia Ann Finn, and the respondent was represented by Jennifer Reynaud. The decision on entitlement was issued on December 1, 2014.
Source PDFs
USCOURTS-cofc-1_10-vv-00566