Shane D. Leak v. HHS - Influenza, Acute Disseminated Encephalomyelitis (ADEM) (2016)
Case summary [AI summaries can sometimes make mistakes]
Shane D. Leak filed a petition for compensation under the National Vaccine Injury Compensation Program on September 23, 2016, alleging that he developed Acute Disseminated Encephalomyelitis (ADEM) as a result of receiving an influenza vaccination on September 29, 2010.
The respondent denied that the vaccination caused the alleged injury. The parties subsequently filed a joint stipulation agreeing to settle the case.
Respondent agreed to pay Mr. Leak a lump sum of $1,500,000.00 as compensation for all damages.
Special Master Mindy Michaels Roth adopted the stipulation and awarded the compensation. The public decision does not describe the petitioner's counsel, respondent's counsel, the specific onset of symptoms, clinical details, medical tests, treatments, or expert witnesses.
The decision is unpublished.
Theory of causation
Petitioner Shane D. Leak alleged that he developed Acute Disseminated Encephalomyelitis (ADEM) as a result of receiving an influenza vaccine on September 29, 2010. Respondent denied causation. The parties reached a settlement via joint stipulation. The public decision does not detail the theory of causation, medical experts, or specific evidence presented. The settlement award was a lump sum of $1,500,000.00 for all damages. The decision was made by Special Master Mindy Michaels Roth on September 16, 2016. Petitioner's counsel was David C. Richards and respondent's counsel was Althea Davis.
Source PDFs
USCOURTS-cofc-1_13-vv-00712