A.C. v. HHS - DTaP, transverse myelitis (2016)
Case summary [AI summaries can sometimes make mistakes]
On July 22, 2011, Casey and Jeffrey Compton, as parents and legal representatives of their minor daughter A.C., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. They alleged that the DTaP, hepatitis B, IPV, Hib, and PCV vaccinations A.C. received on July 25, 2008, caused her to develop transverse myelitis (TM) and that she experienced residual effects for more than six months.
The respondent denied that the vaccines caused A.C.'s alleged injury or current condition. Despite maintaining their positions, both parties agreed to settle the issues through a stipulation filed on October 1, 2015.
Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the court's decision awarding damages.
The stipulation awarded a lump sum of $351,671.00, representing compensation for first-year life care expenses ($51,671.00) and combined lost future earnings and pain and suffering ($300,000.00). This amount was to be paid as a check to Petitioners as guardian(s)/conservator(s) of the estate of A.C. for A.C.'s benefit, contingent upon Petitioners providing documentation of their appointment.
Additionally, an amount sufficient to purchase an annuity, as described in the stipulation, was awarded to be paid to the insurance company from which the annuity would be purchased. These amounts represent compensation for all damages available under the Act.
The Special Master approved the award and directed the clerk to enter judgment.
Theory of causation
Petitioners alleged that the DTaP, hepatitis B, IPV, Hib, and PCV vaccinations received by A.C. on July 25, 2008, caused her to develop transverse myelitis (TM) and experience residual effects for more than six months. Respondent denied that the vaccines caused A.C.'s alleged injury or current condition. The parties settled the case via stipulation, and the Special Master adopted the stipulation as the decision awarding damages. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. The award was a lump sum of $351,671.00 for first-year life care expenses and combined lost future earnings and pain and suffering, plus an amount for an annuity. Special Master Brian H. Corcoran issued the decision on March 7, 2016. Petitioner counsel was Ronald W. Cox, and respondent counsel was Jennifer L. Reynaud.
Source PDFs
USCOURTS-cofc-1_11-vv-00477