E.H. v. HHS - DTaP, acute ischemic stroke (2021)

Carrie and Chad Hodkinson, parents and natural guardians of E.H., a minor, filed a claim on July 28, 2014, alleging that E.H. suffered an injury from a Pentacel vaccine received on June 5, 2013. Approximately one day after vaccination, E.H. experienced seizures and was hospitalized, with treating physicians diagnosing an acute ischemic stroke.

The petitioners alleged that E.H. suffered an encephalopathy meeting the Vaccine Injury Table criteria or, in the alternative, that the injuries were caused-in-fact by the vaccines. The case has involved extensive litigation, including multiple expert reports from both parties on issues of medical causation and statistics.

The parties engaged in unfruitful settlement discussions and an entitlement hearing was held on August 3-5, 2021. The court has issued two decisions on interim attorneys' fees and costs, totaling $447,080.89, reflecting the protracted and complex nature of the litigation.

The ultimate outcome regarding entitlement and damages is still pending.