L.R. v. HHS - DTaP, acute-onset Transverse Myelitis (“TM”) (2018)
Case summary [AI summaries can sometimes make mistakes]
On January 2, 2014, Michelle and Michael Renaud filed a petition on behalf of their minor daughter, L.R., alleging that she suffered from acute-onset Transverse Myelitis (TM) as a result of receiving DTaP, IPV/OPV, PCV-13, Hep B, and Rotavirus vaccinations on October 3, 2011. The respondent denied causation.
However, on April 2, 2018, the parties filed a joint stipulation to settle the case. Special Master Mindy Michaels Roth adopted the stipulation.
The settlement awarded a total of $1,181,999.33. This amount included a lump sum of $1,071,714.33 for first-year life care expenses, lost future earnings, and pain and suffering, payable to the parents as guardians of L.R.'s estate.
An additional lump sum of $110,286.61 was awarded for past unreimbursable expenses, payable directly to Michelle and Michael Renaud. The stipulation also provided for an amount sufficient to purchase an annuity contract.
The court directed the clerk to enter judgment accordingly. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert testimony.
Theory of causation
Petitioners alleged that L.R. suffered from acute-onset Transverse Myelitis (TM) as a result of receiving DTaP, IPV/OPV, PCV-13, Hep B, and Rotavirus vaccinations on October 3, 2011. The respondent denied causation. The parties filed a joint stipulation to settle the case on April 2, 2018. The stipulation awarded $1,181,999.33, comprising $1,071,714.33 for first-year life care expenses, lost future earnings, and pain and suffering, payable to L.R.'s estate, and $110,286.61 for past unreimbursable expenses, payable to the parents. An amount for an annuity was also included. Special Master Mindy Michaels Roth adopted the stipulation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.
Source PDFs
USCOURTS-cofc-1_14-vv-00004