H.B. v. HHS - Influenza, transverse myelitis, encephalomyelitis, neurogenic bladder (2015)

Filed 2015-08-28Decided 2015-08-28Vaccine Influenza
compensated$185,000cognitive/developmental

Case summary [AI summaries can sometimes make mistakes]

On August 28, 2015, the legal representative of minor child H.B. filed a petition alleging that H.B. suffered from transverse myelitis, encephalomyelitis, and neurogenic bladder as a result of receiving Influenza, Human Papilloma Virus (HPV), and Hepatitis A vaccines on September 26, 2013. The petition further alleged that the residual effects of these injuries lasted for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the vaccines caused the alleged injuries. The parties subsequently reached a stipulation to resolve the case informally.

Special Master Laura D. Millman adopted the stipulation, awarding $185,000.00 for all damages available under 42 U.S.C. § 300aa-15(a).

This award was to be paid as a lump sum check made payable to the petitioner. Additionally, the Special Master awarded $19,320.00 for attorneys' fees and costs, payable as a lump sum check made jointly to the petitioner and Muller Brazil, LLP.

The decision was issued on August 28, 2015, based on the stipulation filed on the same date. Paul R.

Brazil represented the petitioner, and Julia W. McInerny represented the respondent.

Theory of causation

Petitioner alleged that the Influenza, Human Papilloma Virus (HPV), and Hepatitis A vaccines administered on September 26, 2013, caused the minor child H.B. to suffer from transverse myelitis, encephalomyelitis, and neurogenic bladder, with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and the Special Master adopted the stipulation. The public decision does not describe the specific mechanism of causation, any medical experts, or the evidence presented to support the theory. The case was resolved via stipulation, resulting in an award of $185,000.00 for damages and $19,320.00 for attorneys' fees and costs. Special Master Laura D. Millman issued the decision on August 28, 2015. Petitioner counsel was Paul R. Brazil, and respondent counsel was Julia W. McInerny.

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