Norma P. Parrish aka Armandina Parrish v. HHS - Influenza, acute disseminated encephalomyelitis (ADEM) (2015)
Case summary [AI summaries can sometimes make mistakes]
On April 21, 2014, Theresa Parrish and Tracy Moreno, as co-independent administrators of the Estate of Norma P. Parrish, also known as Armandina Parrish, filed a petition for compensation.
They alleged that an influenza vaccine administered to Mrs. Parrish on September 14, 2012, caused her to develop acute disseminated encephalomyelitis (ADEM) and subsequently led to her death on December 21, 2012.
The petition stated that Mrs. Parrish's death was a sequela of the alleged vaccine-related injury and that there had been no prior award or settlement of a civil action for damages on her behalf.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mrs. Parrish's ADEM, any other injury, or her death.
Despite the denial of causation, the parties reached a joint stipulation for compensation, which Special Master Christian J. Moran found reasonable and adopted as the court's decision.
The stipulation awarded a lump sum of $325,000.00, payable by check to the petitioners as co-independent administrators of Mrs. Parrish's estate, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
Subsequently, on July 27, 2015, the petitioners filed a stipulation of fact concerning final attorneys' fees and costs. After an initial objection by the respondent to certain items in the petitioners' draft application, the parties amended the application to request $42,000.00, an amount to which the respondent did not object.
Special Master Christian J. Moran awarded this amount in a lump sum, payable by check to the petitioners and their attorney, Jeffrey S.
Pop of Jeffrey S. Pop & Associates, for attorneys' fees and other litigation costs available under 42 U.S.C. § 300aa-15(e).
The total compensation awarded in this case was $367,000.00.
Theory of causation
Petitioners alleged that an influenza vaccine administered on September 14, 2012, caused Norma P. Parrish to develop acute disseminated encephalomyelitis (ADEM), leading to her death on December 21, 2012. The respondent denied causation. The case was resolved via a joint stipulation for compensation. The public decision does not describe the specific mechanism of causation, expert testimony, onset of symptoms, clinical details, or diagnostic tests. The theory of causation is based on the Vaccine Injury Table. Petitioners Theresa Parrish and Tracy Moreno, as co-independent administrators of the Estate of Norma P. Parrish, were represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates. The respondent was represented by Jennifer Reynaud of the United States Department of Justice. Special Master Christian J. Moran issued the decision adopting the stipulation on March 19, 2015, awarding $325,000.00 for damages. A subsequent decision on September 10, 2015, awarded $42,000.00 for attorneys' fees and costs, bringing the total award to $367,000.00.
Source PDFs
USCOURTS-cofc-1_14-vv-00324