Lawr-Alea Walton v. HHS - Influenza, narcolepsy and cataplexy (2016)

Filed 2013-12-06Decided 2016-04-04Vaccine Influenza
compensated$49,226

Case summary [AI summaries can sometimes make mistakes]

On December 6, 2013, Lawr-Alea Walton filed a petition on behalf of her minor child, A.W., alleging that A.W. developed narcolepsy and cataplexy as a result of receiving an influenza vaccine on October 11, 2010. The petition further alleged that A.W. experienced residual effects of the injury for more than six months.

Respondent denied that the flu vaccine caused A.W.'s conditions but agreed to a joint stipulation for damages. The parties filed this stipulation on March 4, 2016.

Special Master Thomas L. Gowen reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

The stipulation awarded A.W. a total of $49,226.96, plus an amount to purchase an annuity. The lump sum of $46,226.96 was payable to petitioner as guardian/conservator of A.W.'s estate and included $8,729.96 for first-year life care expenses and $37,500.00 for pain and suffering.

An additional lump sum of $3,000.00 was payable to petitioner, Lawr-Alea Walton, for past unreimbursable expenses. The case was resolved via this joint stipulation, and judgment was entered accordingly.

Petitioner's counsel was Karl J. Protil, Jr. of Shulman, Rogers, et al.

Respondent's counsel was Michael P. Milmoe of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.

Theory of causation

Petitioner Lawr-Alea Walton filed on behalf of minor A.W., alleging narcolepsy and cataplexy resulting from an influenza vaccine administered on October 11, 2010. The petition alleged residual effects for more than six months. Respondent denied causation. The parties reached a joint stipulation for damages, approved by Special Master Thomas L. Gowen on April 4, 2016. The stipulation awarded $46,226.96 for first-year life care expenses and pain and suffering, $3,000.00 for past unreimbursable expenses, and an additional amount for an annuity. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury.

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