Lillie Mae McCarter v. HHS - Influenza, Acute Disseminated Encephalomyelitis (ADEM) (2015)

Harry McCarter, as administrator and legal representative of the Estate of Lillie Mae McCarter, filed a petition on November 8, 2013, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that Lillie Mae McCarter received an influenza vaccine on or about September 22, 2011, and subsequently developed Acute Disseminated Encephalomyelitis (ADEM).

The petition further alleged that Ms. McCarter's death on November 13, 2011, was a sequela of this vaccine-related injury.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. McCarter's ADEM, any other injuries, or her death.

Despite these opposing positions, both parties agreed to a joint stipulation filed on September 17, 2014, to settle the case. Special Master Brian H.

Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the court. The stipulation awarded a lump sum of $250,000.00, payable to Petitioner as administrator and legal representative of the Estate of Lillie Mae McCarter.

This amount was intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a). The stipulation also outlined conditions for payment, requiring Petitioner to provide documentation establishing his legal representative status.

Separately, on March 26, 2015, counsel for both parties filed a joint stipulation regarding attorney's fees and costs. This stipulation proposed an award of $14,894.77, payable jointly to Petitioner and Petitioner's counsel, Elizabeth M.

Muldowney. Special Master Corcoran approved this amount as reasonable.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. Petitioner was represented by Elizabeth Muldowney of Rawls, McNelis and Mitchell, P.C., and Respondent was represented by Lynn Elizabeth Ricciardella of the U.S.

Department of Justice.