Laura Cechanowicz v. HHS - HPV, rheumatoid arthritis (2018)
Case summary [AI summaries can sometimes make mistakes]
Laura Cechanowicz filed a petition for vaccine compensation on June 3, 2014, alleging that the human papillomavirus (HPV) vaccine, received on May 27, 2011, caused her to develop rheumatoid arthritis (RA) and that she experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the HPV vaccine caused petitioner's condition.
The parties reached a settlement through a stipulation, which was adopted by the Special Master. As part of the settlement, the court awarded Laura Cechanowicz a total of $726,907.68.
This amount comprised a lump sum of $700,000.00 for lost earnings, pain and suffering, and past unreimbursable expenses, and $26,907.68 for first-year life care expenses. Additionally, an amount was allocated to purchase an annuity contract to cover future medical expenses, detailed in paragraph 10 of the stipulation.
The annuity payments were to begin on the first anniversary of the judgment date and continue for varying periods, some for the remainder of petitioner's life, with specified annual amounts and annual increases of 3% or 5%. The stipulation specified the financial qualifications for the life insurance company issuing the annuity and released the United States and the Secretary of Health and Human Services from further obligations regarding future annuity payments upon purchase of the contract.
The decision, issued by Special Master Laura D. Millman on April 30, 2018, adopted the parties' stipulation.
Petitioner was represented by Danielle A. Strait, and respondent was represented by Darryl R.
Wishard. The stipulation stated that it was a full and complete negotiated settlement and not an admission of causation by the respondent.
Theory of causation
Petitioner Laura Cechanowicz alleged that the human papillomavirus (HPV) vaccine administered on May 27, 2011, caused her to develop rheumatoid arthritis (RA) and experience residual effects for more than six months. The respondent denied causation. The case was resolved via stipulation, with Special Master Laura D. Millman issuing a decision on April 30, 2018. The stipulation, filed by petitioner's counsel Danielle A. Strait and respondent's counsel Darryl R. Wishard, did not detail a specific mechanism of injury or present expert testimony, instead agreeing to a settlement. The award included a lump sum of $726,907.68 ($700,000.00 for lost earnings, pain and suffering, and past unreimbursable expenses; $26,907.68 for first-year life care expenses) and an annuity for future medical expenses. The stipulation explicitly stated it was not an admission of causation by the respondent.
Source PDFs
USCOURTS-cofc-1_14-vv-00469