Ross Bergstedt v. HHS - Influenza, acute disseminated encephalomyelitis (2014)

On July 9, 2014, Ross Bergstedt filed a petition alleging that he suffered from acute disseminated encephalomyelitis (ADEM) caused by an influenza vaccine he received on December 15, 2010. He further alleged that the residual effects of this injury lasted for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the petitioner's ADEM or any other injury. Despite the denial, the parties reached a stipulation to resolve the case.

Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable.

The court adopted the stipulation and awarded compensation. The award included a lump sum of $867,355.76, which represented compensation for first-year life care expenses ($82,929.80), lost earnings ($550,000.00), pain and suffering ($220,000.00), and past unreimbursable expenses ($14,425.96).

This lump sum was to be paid via check to the petitioner. Additionally, an amount sufficient to purchase an annuity contract, as described in the stipulation, was awarded.

This amount was to be paid via check to the life insurance company from which the annuity would be purchased. The decision was issued on July 9, 2014.

Jay A. Bansal represented the petitioner, and Melonie J.

McCall represented the respondent. The public decision does not describe the onset of symptoms, specific clinical details of the ADEM, diagnostic tests performed, treatments received, or the specific mechanism by which the vaccine allegedly caused the injury.

No expert witnesses were named in the public decision.