A.D. v. HHS - Hepatitis A, Guillain-Barré syndrome (2014)

On January 10, 2013, Tina and Jerry Dixon, as parents of their minor child A.D., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. A.D. was vaccinated with the hepatitis A and meningococcal (Menactra) vaccines on February 12, 2010.

A.D. reached the age of majority during the proceedings and became the formal petitioner. The petition alleged that A.D. suffered from Guillain-Barré syndrome (GBS) as a result of these vaccinations.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on June 24, 2014, conceding that the claim was compensable. The respondent stated that the Division of Vaccine Injury Compensation had reviewed the case and concluded that past similar evidence had been sufficient for some special masters to find causation.

Therefore, the respondent indicated they would not further defend entitlement. Both parties expressed a general desire to settle the action, noting agreement on most damages components but acknowledging that resolving remaining issues might require effort.

During a status conference on September 30, 2014, the respondent reiterated the concession of entitlement but raised questions about whether certain ongoing symptoms requiring treatment were a product of the vaccine-related injury. Based on the respondent's concession and a review of the record, Special Master Brian H.

Corcoran found that A.D. was entitled to compensation for an injury caused-in-fact by a covered vaccine. The parties were ordered to file a joint status report regarding settlement negotiations for the remaining damages issues by October 31, 2014.

Petitioner counsel was Ronald Homer of Conway, Homer & Chin-Caplan, P.C., and respondent counsel was Lindsay Corliss of the U.S. Department of Justice.

The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of injury. The specific dollar amount of the award is not detailed in this ruling.