Joaquim Pereira v. HHS - Influenza, Acute Hemorrhagic Leukoencephalitis (“AHL”) (2018)
Case summary [AI summaries can sometimes make mistakes]
Joaquim Pereira filed a petition for compensation on March 31, 2014, alleging that an influenza vaccination received on October 4, 2011, caused him to suffer from Acute Hemorrhagic Leukoencephalitis (AHL) and residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Petitioner's condition.
On February 8, 2018, the parties filed a stipulation for an award, which Special Master Herbrina Sanders found reasonable and adopted as the decision of the Court. Petitioner was awarded a lump sum of $584,459.78, representing compensation for first-year life care expenses ($60,501.81), lost earnings ($308,957.97), and pain and suffering ($215,000.00).
Additionally, an amount sufficient to purchase an annuity contract was awarded. The total award amounted to $800,459.78.
The public decision does not describe the onset of symptoms, specific clinical details, or expert testimony. Petitioner was represented by Ronald C.
Homer of Conway, Homer, P.C., and Respondent was represented by Althea Davis of the United States Department of Justice.
Theory of causation
Petitioner Joaquim Pereira alleged that an influenza vaccine administered on October 4, 2011, caused Acute Hemorrhagic Leukoencephalitis (AHL) and residual effects lasting more than six months. The Respondent denied causation. The parties reached a stipulation for award, approved by Special Master Herbrina Sanders on February 8, 2018. The stipulation awarded Petitioner a lump sum of $584,459.78 for life care expenses, lost earnings, and pain and suffering, plus an amount for an annuity, totaling $800,459.78. The public text does not specify the theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury. The case was resolved via stipulation, not litigation on the merits of causation.
Source PDFs
USCOURTS-cofc-1_14-vv-00246