Jessica Hubina v. HHS - Meningococcal, transverse myelitis (2015)

Filed 2011-10-26Decided 2015-03-09Vaccine Meningococcal
compensated$70,000

Case summary [AI summaries can sometimes make mistakes]

Jessica Hubina, a minor, filed a petition on October 26, 2011, on behalf of her daughter, Jessica Hubina, alleging that the meningococcal and influenza vaccines administered on November 20, 2008, caused acute disseminated encephalomyelitis (ADEM). The petition was later amended on November 27, 2012, to allege transverse myelitis (TM) as the vaccine-related injury.

The respondent denied that the vaccines caused TM or any other injury. The parties, represented by Michael London and Jennifer Reynaud for the petitioner and respondent, respectively, entered into a joint stipulation for compensation.

Special Master Lisa Hamilton-Fieldman adopted the stipulation as the court's decision. The stipulation awarded Jessica Hubina a lump sum payment of $50,000.00, payable to Petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Subsequently, on February 12, 2015, the parties filed a stipulation for attorneys' fees and costs. Special Master Hamilton-Fieldman found that the petition was brought in good faith with a reasonable basis, making an award appropriate.

The parties agreed to an award of $20,000.00 in attorneys' fees and costs, payable jointly to Petitioner and Petitioner's counsel, Michael London of Douglas & London, P.C. Judgment was to be entered accordingly.

Theory of causation

Petitioner alleged that the meningococcal and influenza vaccines, administered on November 20, 2008, caused acute disseminated encephalomyelitis (ADEM), later amended to transverse myelitis (TM). The respondent denied causation. The case proceeded via joint stipulation, and the Special Master adopted the stipulation as the decision of the court. The public decision does not describe the specific mechanism of causation, expert testimony, or detailed clinical findings. The award was based on a stipulation for compensation, with a lump sum of $50,000.00 for all damages. A subsequent stipulation addressed attorneys' fees and costs, awarding $20,000.00 jointly to Petitioner and counsel Michael London. Special Master Lisa Hamilton-Fieldman presided over both decisions, dated April 28, 2014, and March 9, 2015, respectively. The theory of causation was based on the Vaccine Injury Table, as indicated by the initial filing and the stipulation.

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