T.W. v. HHS - Hepatitis A, necrosis in his left arm (2015)
Case summary [AI summaries can sometimes make mistakes]
Michelle Wilton, on behalf of her minor son T.W., filed a petition on December 11, 2013, alleging that T.W. suffered necrosis in his left arm following a Hepatitis A vaccination administered on January 21, 2011. The respondent, the Secretary of Health and Human Services, conceded that T.W. suffered fat necrosis in his left upper arm caused by the vaccination.
A Ruling on Entitlement was issued on April 30, 2014, based on this concession. Subsequently, on July 10, 2014, the parties filed a joint proffer for an award of compensation.
The respondent proposed an award totaling $5,021.75, plus an amount sufficient to purchase an annuity contract for future pain and suffering. This included a lump sum of $1,021.75 for past unreimbursable expenses, payable to Michelle Wilton, and a lump sum of $4,000.00 for projected future medical care expenses, payable to Michelle Wilton as guardian/conservator of T.W.'s estate.
The annuity contract was described to provide four guaranteed lump sum payments of $24,250.00 on January 17 of 2027, 2028, 2029, and 2030. Petitioner agreed with the amounts proposed in the proffer.
Special Master Nora Beth Dorsey issued a decision on July 11, 2014, awarding these amounts, with judgment entered on July 15, 2014. However, due to state court requirements for guardianship and a depository, the parties filed a Motion for Relief from Judgment on December 10, 2014.
This motion was granted on December 15, 2014, the prior decision was withdrawn, and the judgment was vacated. A modified decision was issued on January 8, 2015, awarding the compensation as previously agreed, but with the $4,000.00 payment to be made to petitioner as guardian/conservator of T.W.'s estate and Chase Bank as depository, with a restricted endorsement on the check.
The total award included $1,021.75 for past unreimbursable expenses, $4,000.00 for future medical care expenses, and an amount sufficient to purchase the described annuity contract for pain and suffering. Petitioner was represented by Cary S.
Macy, and respondent was represented by Ann Martin. Special Master Nora Beth Dorsey presided over the proceedings.
Theory of causation
Petitioner Michelle Wilton, on behalf of minor T.W., alleged that T.W. suffered necrosis in his left arm following a Hepatitis A vaccination on January 21, 2011. Respondent conceded that T.W. suffered fat necrosis in his left upper arm caused in fact by the Hepatitis A vaccination. The theory of causation was based on this concession, aligning with the National Vaccine Injury Compensation Program's "Table" category. No specific medical experts or detailed mechanism of injury beyond the concession were described in the public decision. The award included $1,021.75 for past unreimbursable expenses, $4,000.00 for future medical care expenses, and an annuity for future pain and suffering, totaling $5,021.75 plus the annuity. Special Master Nora Beth Dorsey issued the decision on January 8, 2015, based on the parties' proffer and concession. Petitioner's counsel was Cary S. Macy, and respondent's counsel was Ann Martin.
Source PDFs
USCOURTS-cofc-1_13-vv-00976