Kim M. Wides v. HHS - MMR, demyelinating polyneuropathy (2014)
Case summary [AI summaries can sometimes make mistakes]
Kim M. Wides filed a petition on September 27, 2013, under the National Vaccine Injury Compensation Program, alleging that vaccinations received on September 10, 2012, and October 10, 2012, caused her to develop vaccine-related demyelinating polyneuropathy with residual effects lasting more than six months.
The petition stated that on September 10, 2012, Ms. Wides received the Adacel (Tetanus, Diphtheria and Acellular Pertussis - Tdap) vaccination and the first of two Measles, Mumps, and Rubella (MMR) vaccinations.
On October 10, 2012, she received a second MMR vaccination. All vaccinations were administered in Columbia Falls, Montana.
Respondent, the Secretary of Health and Human Services, denied that the vaccines caused the petitioner's alleged condition. Despite this denial, the parties reached a joint stipulation on October 2, 2014, to settle the case.
Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $225,000.00, intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a).
Separately, attorneys' fees and costs totaling $23,000.00 were awarded to petitioner's counsel, Isaiah Richard Kalinowski of Maglio, Christopher & Toale, PA. The public decision does not describe the specific onset of symptoms, clinical details of the demyelinating polyneuropathy, diagnostic tests performed, or treatments received.
The specific medical experts consulted or the mechanism of causation were not detailed in the provided public text.
Theory of causation
Petitioner Kim M. Wides alleged that a Tdap vaccine and two MMR vaccines administered on September 10, 2012, and October 10, 2012, caused her to develop demyelinating polyneuropathy and its sequelae, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation on October 2, 2014, agreeing to a settlement. Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court. Petitioner was awarded $225,000.00 in compensation and $23,000.00 for attorneys' fees and costs. The public decision does not detail the specific mechanism of causation, expert testimony, or the medical evidence considered, relying instead on the parties' stipulation for resolution.
Source PDFs
USCOURTS-cofc-1_13-vv-00756