Aleskis Brown v. HHS - Influenza, narcolepsy, cataplexy, hypersomnia, lack of coordination/ataxia (2016)
Case summary [AI summaries can sometimes make mistakes]
On October 2, 2013, Aleskis Brown, as mother and guardian for her minor son I.H., filed a petition for vaccine compensation. The petition alleged that I.H. developed narcolepsy, cataplexy, hypersomnia, and lack of coordination/ataxia as a result of receiving an influenza vaccine on December 10, 2012.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused I.H.'s alleged injuries. The parties, however, reached a joint stipulation for damages.
The Special Master determined that the onset of I.H.'s condition began between January 6 and 8, 2013. The parties agreed to a settlement, and on March 25, 2016, Chief Special Master Nora Beth Dorsey entered a decision awarding I.H. a lump sum of $550,000.00 as compensation for all damages.
This award was made in the form of a check payable to Aleskis Brown as guardian of I.H.'s estate. The case proceeded as a Table claim, as narcolepsy is listed on the Vaccine Injury Table.
The parties also agreed to further proceedings to award reasonable attorneys' fees and costs. Michael G.
McLaren represented the petitioner, and Darryl R. Wishard represented the respondent.
The decision was unpublished.
Theory of causation
Petitioner I.H., a minor, by his mother Aleskis Brown, alleged that a December 10, 2012, influenza vaccine caused narcolepsy, cataplexy, hypersomnia, and lack of coordination/ataxia. The respondent denied causation. The parties stipulated to a settlement, and Chief Special Master Nora Beth Dorsey entered a decision on March 25, 2016, awarding $550,000.00 as compensation for all damages. The case proceeded as a Table claim, as narcolepsy is listed on the Vaccine Injury Table. The public decision does not describe the specific mechanism of causation, expert testimony, or detailed clinical findings. Petitioner counsel was Michael G. McLaren, and respondent counsel was Darryl R. Wishard.
Source PDFs
USCOURTS-cofc-1_13-vv-00766