K.G. v. HHS - Influenza, narcolepsy (2014)
Case summary [AI summaries can sometimes make mistakes]
On March 2, 2012, Charmaine Graham and Brandon Graham filed a petition on behalf of their infant son, K.G., alleging that an influenza vaccine administered on October 14, 2009, caused K.G. to suffer narcolepsy with residual effects lasting more than six months. The petition stated that there had been no prior civil award or settlement for K.G.'s condition.
The respondent denied that K.G.'s narcolepsy or any other injuries were caused-in-fact by the influenza vaccination, denied that his current disabilities were sequelae of the alleged injury, and denied that he experienced residual effects for more than six months. Despite these denials, the parties reached a joint stipulation to resolve the claim.
On March 11, 2014, Special Master Christian J. Moran found the stipulation reasonable and adopted it as the court's damages decision.
The award totaled $170,627.72, consisting of $28,186.41 payable jointly to petitioners and the Commonwealth of Virginia Department of Medical Assistance Services to satisfy a Medicaid lien, and $142,441.31 payable to petitioners as guardians or conservators of K.G.'s estate for all remaining Vaccine Act damages. A separate decision on October 3, 2014, awarded attorneys' fees and costs totaling $22,018.05, payable to petitioners and their attorney, Mark T.
Sadaka, as a lump sum.
Theory of causation
Petitioners Charmaine and Brandon Graham filed on March 2, 2012, on behalf of their infant son K.G., alleging that an influenza vaccine administered on October 14, 2009, caused narcolepsy with residual effects lasting more than six months. The case was resolved by joint stipulation rather than a reasoned causation ruling. Respondent denied that the influenza vaccination caused K.G.'s narcolepsy or any other injury, denied that his disabilities were sequelae of the alleged injury, and denied that he experienced residual effects for more than six months. Special Master Christian J. Moran adopted the stipulation as the court's damages decision on March 11, 2014. The total award was $170,627.72, comprising $28,186.41 for a Virginia Medicaid lien and $142,441.31 for remaining damages payable to K.G.'s estate. A subsequent decision on October 3, 2014, awarded $22,018.05 in attorneys' fees and costs to petitioners and their counsel, Mark T. Sadaka. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts.
Source PDFs
USCOURTS-cofc-1_12-vv-00144