K.H. v. HHS - Influenza, limbic encephalitis (2015)
Case summary [AI summaries can sometimes make mistakes]
Leslie Hao, on behalf of her minor child K.H., filed a petition on December 1, 2014, alleging that K.H. developed limbic encephalitis and related sequelae as a result of receiving an influenza vaccine on October 4, 2011. The petition further alleged that K.H. experienced residual effects of the injury for more than six months.
The respondent denied that the flu vaccination caused K.H.'s alleged medical condition or any other injury. Nevertheless, the parties filed a joint stipulation agreeing to an award of compensation.
Special Master Thomas L. Gowen approved the stipulation, awarding K.H. a lump sum of $150,000.00 for all damages and an additional $2,630.29 for reasonable and necessary expenses paid by the petitioner.
The decision was entered based on this stipulation, with judgment expedited by the parties renouncing the right to seek review. Petitioner counsel was Ronald C.
Homer, and respondent counsel was Darryl R. Wishard.
Theory of causation
Petitioner alleged that K.H. developed limbic encephalitis and related sequelae after receiving an influenza vaccine on October 4, 2011, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was approved by Special Master Thomas L. Gowen on January 12, 2015. The award consisted of a lump sum of $150,000.00 for all damages and $2,630.29 for reasonable and necessary expenses. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. Petitioner counsel was Ronald C. Homer, and respondent counsel was Darryl R. Wishard.
Source PDFs
USCOURTS-cofc-1_14-vv-00606