Grace L. Mather v. HHS - Tdap, dermatomyositis (2018)

Filed 2014-07-15Decided 2018-08-02Vaccine Tdap
compensated$230,000

Case summary [AI summaries can sometimes make mistakes]

On July 15, 2014, James Mather, father of Grace L. Mather, filed a petition under the National Childhood Vaccine Injury Act.

The petition alleged that the tetanus, diphtheria, and acellular pertussis (Tdap), meningococcal, and human papillomavirus (HPV) vaccines administered to his minor daughter on August 15, 2011, caused her to develop dermatomyositis, with an onset on or about September 15, 2011. The petitioner also alleged that Grace experienced residual effects of this injury for more than six months.

When Grace L. Mather reached the age of majority, she was named as the petitioner in an order dated June 26, 2018.

The respondent, the Secretary of Health and Human Services, denied that the Tdap, meningococcal, and HPV vaccinations caused the petitioner's dermatomyositis or any other injury. The parties reached a settlement agreement, and on August 1, 2018, they filed a stipulation outlining the settlement terms.

Special Master Laura D. Millman reviewed and adopted the stipulation on August 2, 2018.

As part of the award, Grace L. Mather was granted a lump sum payment of $230,000.00, made payable to her, and an additional amount to purchase an annuity contract as described in the stipulation.

The decision was a final award of damages. F.

John Caldwell represented the petitioner, and Althea W. Davis represented the respondent.

The public decision does not describe the specific onset symptoms, clinical progression, diagnostic tests, treatments, or the medical experts consulted by either party. The specific mechanism of causation was not detailed in the public decision.

Theory of causation

Petitioner alleged that Tdap, meningococcal, and HPV vaccines administered on August 15, 2011, to a minor daughter caused dermatomyositis with onset on or about September 15, 2011. The respondent denied causation. The parties reached a stipulation for settlement, and Special Master Laura D. Millman adopted the stipulation on August 2, 2018, awarding $230,000.00 as a lump sum and an amount for an annuity. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.

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