R.R. v. HHS - MMR, acute hemorrhagic leukoencephalitis (AHLE), a severe form of acute disseminated encephalomyelitis (ADEM) (2019)

On April 21, 2014, Ashley and Craig Rice, parents of R.R., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that R.R. suffered from acute hemorrhagic leukoencephalitis (AHLE), a severe form of acute disseminated encephalomyelitis (ADEM), after receiving measles-mumps-rubella (MMR), hepatitis A, and influenza vaccinations on March 26, 2012.

The respondent, the Secretary of Health and Human Services, denied that the immunizations caused R.R.'s injury. The parties, however, reached a joint stipulation to settle the case.

The respondent agreed to issue several payments totaling $1,501,820.07. This amount included a lump sum of $741,454.94 for first-year life care expenses and trust seed funds, payable to Regions Bank as trustee.

Another lump sum of $586,000.00, for lost earnings and pain and suffering, was to be paid to the petitioners as guardian(s)/conservator(s) of R.R.'s estate, contingent upon documentation of their appointment. A lump sum of $14,000.00 was designated for past unreimbursable expenses, payable to Ashley and Craig Rice.

Additionally, $172,366.03 was allocated for reimbursement of a lien for services rendered on behalf of R.R., payable jointly to petitioners and DHHS. The stipulation also included an amount sufficient to purchase an annuity contract, representing compensation for all damages available under § 300aa-15(a).

Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation accordingly. Edward Kraus, Esq., represented the petitioner, and Traci Patton, Esq., represented the respondent.

The decision was filed on November 15, 2019.