Chelcie Ingrassia v. HHS - Influenza, focal-onset seizure activity allegedly following influenza vaccine; residual effects greater than six months (2018)
Case summary [AI summaries can sometimes make mistakes]
On January 4, 2013, Chelcie Ingrassia, as guardian ad litem for her minor son, J.I., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that J.I. received an influenza vaccine on January 6, 2010, and subsequently sustained focal onset seizure activity with residual effects lasting more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused J.I.'s alleged seizure activity, any other injury, or his current condition. Despite these denials, the parties reached a joint stipulation to settle the case.
On January 10, 2018, Special Master Thomas L. Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.
The stipulation awarded compensation totaling $165,000.00. This amount included a lump sum of $155,000.00 payable to petitioner as guardian or conservator of J.I.'s estate for all damages available under the Vaccine Act.
Additionally, a lump sum payment of $10,000.00 was designated to satisfy the State of Oregon Medicaid lien, payable jointly to petitioner and Care Oregon. Petitioner was represented by Neal Fialkow of Pasadena, California, and respondent was represented by Alexis Babcock of the United States Department of Justice.
The public decision does not provide J.I.'s date of birth or exact age at the time of vaccination, describe his health prior to vaccination, specify the date of seizure onset, detail any emergency care or neurology records, name treating physicians or experts, or analyze a biological mechanism linking influenza vaccination to focal-onset seizures.
Theory of causation
Petitioner alleged that minor J.I. received an influenza vaccine on January 6, 2010, and subsequently developed focal onset seizure activity with residual effects lasting over six months. Respondent denied causation. The case was resolved via joint stipulation, not through litigated entitlement findings. The public decision does not specify J.I.'s age, date of seizure onset, diagnostic testing, treating physicians, experts, or a biological mechanism. Special Master Thomas L. Gowen adopted the stipulation on January 10, 2018. The award was $165,000.00 total: $155,000.00 to petitioner as guardian/conservator of J.I.'s estate for all Vaccine Act damages, and $10,000.00 payable jointly to petitioner and Care Oregon to satisfy the State of Oregon Medicaid lien. Petitioner's counsel was Neal Fialkow; respondent's counsel was Alexis Babcock.
Source PDFs
USCOURTS-cofc-1_13-vv-00010