E.S. v. HHS - HPV, chronic urticaria (2015)
Case summary [AI summaries can sometimes make mistakes]
Carrin Simmons, on behalf of her minor child E.S., filed a petition on May 12, 2015, seeking compensation under the National Vaccine Injury Compensation Program. E.S. received the Human Papillomavirus (HPV) vaccine on July 28, 2011, and September 28, 2011.
The petition alleged that E.S. developed chronic urticaria as a result of these vaccinations and experienced residual effects for more than six months. The HPV vaccine is listed on the Vaccine Injury Table.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused E.S.'s chronic urticaria. However, the parties reached a joint stipulation for damages.
Special Master Thomas L. Gowen adopted the stipulation, awarding compensation sufficient to purchase an annuity contract.
This award included a lump sum of $30,035.44 payable on April 1, 2018, and $36,011.38 payable on July 1, 2022, totaling $66,046. The stipulation also addressed attorneys' fees and costs, and released the United States from further liability related to these vaccinations.
Ronald C. Homer represented the petitioner, and Ann D.
Martin represented the respondent.
Theory of causation
Petitioner Carrin Simmons, on behalf of minor E.S., alleged that the Human Papillomavirus (HPV) vaccine administered on July 28, 2011, and September 28, 2011, caused E.S. to develop chronic urticaria, with residual effects lasting more than six months. The HPV vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a joint stipulation for damages, which Special Master Thomas L. Gowen adopted. The award was $66,046, structured to purchase an annuity with two lump sum payments: $30,035.44 on April 1, 2018, and $36,011.38 on July 1, 2022. Petitioner counsel was Ronald C. Homer, and respondent counsel was Ann D. Martin. The public decision does not describe the specific medical experts, clinical details of the chronic urticaria, or the mechanism of causation.
Source PDFs
USCOURTS-cofc-1_14-vv-00118