Paul S. Heckle v. HHS - Influenza, acute disseminated encephalomyelitis (ADEM) (2015)

Paul S. Heckle filed a petition on October 5, 2012, alleging that an influenza (flu) vaccination he received on approximately December 5, 2009 caused him to develop Acute Disseminated Encephalomyelitis (ADEM), with effects lasting more than six months.

Respondent denied that the flu or TDaP immunization caused petitioner's ADEM or any other injury, and denied that his current disabilities were vaccine sequelae. Nonetheless, both parties agreed in a stipulation filed October 28, 2014 to settle the case.

Special Master Corcoran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $909,992.00, comprising $80,157.00 for first year life care expenses, $618,898.00 for lost earnings, $190,000.00 for pain and suffering, and $20,937.00 for past unreimbursable expenses, plus an annuity for future compensation, representing all damages available under 42 U.S.C. § 300aa-15(a).

On April 14, 2015, the parties filed a stipulation of attorneys' fees and costs. Special Master Corcoran awarded $57,600.76 payable jointly to petitioner and his counsel, Elizabeth Muldowney of Rawls, McNelis and Mitchell, P.C.

Petitioner had not personally incurred any out-of-pocket litigation costs.