Jeremiah Means v. HHS - Influenza, Susac's Syndrome; acute demyelinating encephalomyelitis (ADEM); encephalopathy (2017)

Jeremiah Means filed a petition on November 1, 2012, alleging that an influenza (flu) vaccination he received on November 6, 2009 and a tetanus-diphtheria-acellular pertussis (Tdap) vaccination he received on November 7, 2009 caused him to develop Acute Disseminated Encephalomyelitis (ADEM) or, alternatively, significantly aggravated his pre-existing Susac's Syndrome. Both vaccines were administered during an Air Force Reserve monthly drill.

Mr. Means was twenty-four years old at the time and worked as both an Air Force Reserve flight medic and a full-time emergency medical technician.

The case proceeded to a contested entitlement hearing on December 17, 2014. Petitioner's treating neuro-immunologist Dr.

John Rinker testified in support, and respondent's neuro-immunologist Dr. Subramaniam Sriram testified in rebuttal.

In a published ruling issued October 13, 2015, Chief Special Master Dorsey found by a preponderance of the evidence that petitioner suffered a significant aggravation of Susac's Syndrome causally linked to his vaccinations under the standard set forth in Loving v. Sec'y of Health & Human Servs., 86 Fed.

Cl. 135 (2009). The Special Master declined to rule on petitioner's alternative Table encephalopathy claim.

Following the entitlement ruling, the parties negotiated damages. On May 17, 2017, they filed a stipulation recommending an award.

Chief Special Master Dorsey adopted the stipulation. Petitioner received a lump sum of $1,875,269.34, comprising $47,580.96 for first year life care expenses, $1,550,000.00 for past and future lost earnings, $250,000.00 for past and future pain and suffering, and $27,688.38 for past unreimbursable expenses, plus an annuity for future compensation under 42 U.S.C. § 300aa-15(a).

Multiple interim attorneys' costs decisions were also issued during the course of the litigation.