C.M.S. v. HHS - Influenza, influenza vaccine alleged to cause stroke and acute hemorrhagic leukoencephalomyelitis (AHLE); residual effects greater than six months (2016)

On June 22, 2012, Eric Swintosky and Heather Swintosky, as parents and natural guardians of their minor daughter C.M.S., filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that an influenza vaccine administered to C.M.S. on September 9, 2009, caused her to suffer a stroke and develop acute hemorrhagic leukoencephalomyelitis (AHLE), with residual effects lasting more than six months.

The respondent denied that C.M.S. suffered a stroke or AHLE as a result of the immunization and denied that the flu vaccine caused any other injury. Despite these denials, the parties reached a joint stipulation to settle the case.

As the matter was resolved by stipulation, the public decision does not detail a clinical history, onset of symptoms, diagnostic testing, treatment course, or expert analyses of causation. Special Master Christian J.

Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court on December 19, 2016. The award included a lump sum of $617,027.40 for first-year life care expenses and trust seed funds, payable to Counsel Trust Company as trustee.

A second lump sum of $1,089,257.36 was designated for lost future earnings and pain and suffering, payable to the petitioners as guardians or conservators of C.M.S.'s estate, contingent upon documentation of their appointment. Additionally, a lump sum of $4,779.49 was awarded for past unreimbursable expenses to Eric and Heather Swintosky.

A lien for services rendered on behalf of C.M.S. was reimbursed with a payment of $50,728.71 to the Commonwealth of Pennsylvania Department of Human Services. The stipulation also mandated the purchase of an annuity contract to fund future life-care needs, including health insurance premiums, Medicare expenses, various medical and therapy services, care management, supplies, equipment, attendant care, residential care, housekeeping, and accessible transportation, with payments structured over C.M.S.'s lifetime and increasing annually at specified rates.

The total visible lump-sum payments amounted to $1,761,792.96, in addition to the future annuity payments. Petitioners were represented by Anne Carrion Toale of Maglio Christopher & Toale, P.A.