Shermian P. Daniel v. HHS - HPV, significant aggravation of pre-existing acute disseminated encephalomyelitis (ADEM) and/or multiple sclerosis (MS) (2016)
Case summary [AI summaries can sometimes make mistakes]
Shermian P. Daniel, M.D., filed a petition on October 29, 2010, alleging that human papillomavirus (HPV) vaccinations she received on August 31, 2007 and October 30, 2007 caused a significant aggravation of pre-existing acute disseminated encephalomyelitis (ADEM) and/or multiple sclerosis.
Petitioner later amended her petition to allege only that the October 30, 2007 vaccination was the cause of her alleged injuries. On October 6, 2016, the parties filed a joint stipulation.
Respondent denied that the HPV vaccination either caused or significantly aggravated petitioner's alleged injuries or any other injury, and denied that petitioner's current disabilities are the result of a vaccine-related injury. Nevertheless, the parties agreed to resolve the case through stipulation, and Chief Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court.
Petitioner received a lump sum of $350,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
Theory of causation
HPV vaccines Aug 31 + Oct 30, 2007 → alleged significant aggravation of pre-existing ADEM/MS. Amended petition: only Oct 30, 2007 vaccination. Joint stipulation Oct 6, 2016; respondent denied causation/aggravation; Chief SM Dorsey. $350,000. All DB fields correct.
Source PDFs
USCOURTS-cofc-1_10-vv-00745