Zachary Terenzio v. HHS - Meningococcal, acute disseminated encephalomyelitis (ADEM) and multiple sclerosis (MS) (2016)
Case summary [AI summaries can sometimes make mistakes]
On January 29, 2014, Michael Terenzio filed a petition on behalf of Zachary Terenzio, a minor at the time, under the National Vaccine Injury Compensation Program. The petition alleged that Zachary Terenzio developed acute disseminated encephalomyelitis (ADEM) and multiple sclerosis (MS) as a result of receiving a meningococcal vaccine on August 28, 2012, and suffered residual effects for more than six months.
The respondent denied that the vaccine caused any injury. The parties subsequently reached a joint stipulation for damages, which the Special Master adopted.
Zachary Terenzio, who reached the age of majority on June 10, 2016, was awarded compensation consisting of a lump sum of $5,332.23 for past out-of-pocket expenses, payable to Michael Terenzio, and a lump sum of $150,000.00 for all other damages, payable to Zachary Terenzio. Additionally, an amount sufficient to purchase an annuity contract was awarded.
The decision was issued by Special Master Thomas L. Gowen on August 4, 2016.
Petitioner's counsel was Anne C. Toale, and respondent's counsel was Gordon E.
Shemin. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.
Theory of causation
Petitioner alleged that a meningococcal vaccine administered on August 28, 2012, caused acute disseminated encephalomyelitis (ADEM) and multiple sclerosis (MS), resulting in residual effects for more than six months. The respondent denied causation. The parties entered into a joint stipulation for damages, which was adopted by Special Master Thomas L. Gowen. The stipulation resulted in an award of $5,332.23 for past out-of-pocket expenses and $150,000.00 for other damages, plus an annuity. The specific theory of causation, medical experts, or detailed factual basis for the stipulation were not described in the public decision. The decision date was August 4, 2016. Petitioner's counsel was Anne C. Toale, and respondent's counsel was Gordon E. Shemin.
Source PDFs
USCOURTS-cofc-1_14-vv-00081