Frieda Lauber v. HHS - Tdap, acute disseminated encephalomyelitis (ADEM) and multiple sclerosis (MS) (2015)

Filed 2015-10-13Decided 2015-11-06Vaccine Tdap
compensated$210,000cognitive/developmental

Case summary [AI summaries can sometimes make mistakes]

Frieda Lauber, as parent of minor O.K., filed a petition on October 13, 2015, alleging that O.K. developed acute disseminated encephalomyelitis (ADEM) and multiple sclerosis (MS) as a result of receiving diphtheria-tetanus-acellular pertussis (Tdap) and meningococcal conjugate vaccines on or about January 12, 2009. The petition also alleged that O.K. experienced residual effects of her injury for more than six months.

Respondent denied that the vaccines caused O.K.'s injuries. The parties filed a joint stipulation for damages, agreeing that O.K. should receive compensation.

The stipulation stated that O.K. would receive a lump sum of $210,000.00 as compensation for all damages, payable to Olivia Kerwin on or after December 26, 2015. Special Master Thomas L.

Gowen found the stipulation reasonable and adopted it as the decision of the Court, awarding the compensation amount. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of causation.

Petitioner's counsel was Ronald C. Homer of Conway, Homer & Chin-Caplan, P.C., and respondent's counsel was Lara A.

Englund of the United States Department of Justice. The decision was issued on November 6, 2015.

Theory of causation

Petitioner alleged that O.K. developed acute disseminated encephalomyelitis (ADEM) and multiple sclerosis (MS) as a result of receiving diphtheria-tetanus-acellular pertussis (Tdap) and meningococcal conjugate vaccines on or about January 12, 2009, and experienced residual effects for more than six months. Respondent denied causation. The parties reached a joint stipulation for damages, agreeing to a lump sum award of $210,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccines allegedly caused the alleged injuries. Special Master Thomas L. Gowen approved the stipulation on November 6, 2015. Petitioner's counsel was Ronald C. Homer, and respondent's counsel was Lara A. Englund.

Source PDFs 2 total · 1 downloaded