A.E. v. HHS - Influenza, seizures secondary to acute demyelinating encephalomyelitis (ADEM) (2014)
Case summary [AI summaries can sometimes make mistakes]
Patrick and Jeannette Edwards, as legal representatives of their daughter A.E., filed a petition for vaccine compensation on September 18, 2012. They alleged that A.E. developed seizures secondary to acute demyelinating encephalomyelitis (ADEM) as a result of receiving an influenza vaccine on September 30, 2009.
Petitioners further alleged that A.E. experienced residual effects of this injury for more than six months. The respondent denied that the flu vaccine caused A.E.'s ADEM or her current disabilities.
Despite these differing positions, the parties agreed to settle the case through a stipulation. Special Master Laura D.
Millman adopted the parties' stipulation and awarded compensation on September 10, 2014. The award included a lump sum of $467,885.98 for first-year life care expenses, partial lost future earnings, and pain and suffering, payable to petitioners as A.E.'s guardian(s)/conservator(s).
An additional lump sum of $46,815.80 was awarded for past unreimbursable expenses, payable to Patrick and Jeannette Edwards. The stipulation also provided for an annuity contract to cover future expenses, including health insurance, Medicare premiums, tutoring, and various care services, with payments structured over A.E.'s lifetime.
The annuity contract was to be purchased from a life insurance company meeting specific financial and rating requirements. The parties agreed that the Secretary of Health and Human Services and the United States are not responsible for payments beyond those specified in the stipulation and do not guarantee the annuity payments.
A subsequent stipulation for attorneys' fees and costs was filed on January 22, 2015. On February 13, 2015, Special Master Laura D.
Millman issued a decision awarding attorneys' fees and costs totaling $31,790.89, payable jointly to petitioners and Britcher, Leone & Roth, L.L.C., and $125.00 for petitioners' costs, payable to petitioners. The public decision does not describe the specific onset of symptoms, medical tests, or treatments A.E. underwent.
The theory of causation is based on the Vaccine Injury Table.
Theory of causation
Petitioners alleged that A.E. received an influenza vaccine on September 30, 2009, and subsequently developed seizures secondary to acute demyelinating encephalomyelitis (ADEM), with residual effects lasting more than six months. The respondent denied causation. The case was settled via stipulation, with Special Master Laura D. Millman adopting the terms. The award included a lump sum of $467,885.98 for first-year life care expenses, partial lost future earnings, and pain and suffering, and a lump sum of $46,815.80 for past unreimbursable expenses. An annuity was purchased for future expenses. Attorneys' fees and costs totaling $31,915.89 were awarded. The stipulation indicates the theory of causation is based on the Vaccine Injury Table. No specific medical experts or detailed clinical information regarding the mechanism of injury were detailed in the public decision. The decision date for damages was September 10, 2014, and the decision date for attorneys' fees and costs was February 13, 2015. Petitioners were represented by Mindy Michaels Roth, and respondent was represented by Alexis B. Babcock. Special Master was Laura D. Millman.
Source PDFs
USCOURTS-cofc-1_12-vv-00613