Rafaella Ganley v. HHS - Tdap, transverse myelitis (“TM”) and/or acute disseminating encephalomyelitis (“ADEM”) (2015)

Filed 2011-04-12Decided 2015-05-14Vaccine Tdap
compensated$40,000

Case summary [AI summaries can sometimes make mistakes]

Rafaella Ganley filed a petition on April 12, 2011, alleging that tetanus (Td), inactivated poliovirus (IPV), hepatitis A (Hep A), and hepatitis B (Hep B) vaccines she received on May 2, 2008 caused her to develop transverse myelitis and/or acute disseminated encephalomyelitis. On July 24, 2014, the parties filed a joint stipulation.

Respondent denied that the vaccines caused petitioner to suffer transverse myelitis, ADEM, or any other injury or condition. Nevertheless, the parties agreed to resolve the matter informally, and Special Master Millman found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $40,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). On April 23, 2015, the parties filed a stipulation for attorneys' fees and costs.

Special Master Millman awarded a total of $48,478.25: $48,000.00 payable jointly to petitioner and her counsel, John F. McHugh, and $478.25 payable directly to petitioner for personal costs.

Theory of causation

Td + IPV + Hep A + Hep B vaccines May 2, 2008 → TM and/or ADEM. Joint stipulation July 24, 2014; respondent denied causation; SM Millman. $40,000. Fees $48,478.25 (SM Millman April 23, 2015). decision_date corrected: '2015-04-23' → '2015-05-14' (granule 1 date_issued; DB had SM-signed date).

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