N.W. v. HHS - Influenza, Acute Disseminated Encephalomyelitis (ADEM) (2016)

On September 23, 2014, Buntly and Kristin Willard, as legal representatives of their minor child N.W., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. They alleged that N.W. suffered Acute Disseminated Encephalomyelitis (ADEM) and related complications as a result of receiving an influenza vaccine.

The Secretary of Health and Human Services denied that the flu vaccine caused N.W.'s ADEM or related complications. However, both parties agreed to settle the case through a stipulation filed on August 21, 2015.

Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision in awarding damages.

The stipulation awarded a lump sum of $10,000.00, payable to Petitioners, for past unreimbursable medical expenses. Additionally, a lump sum of $55,000.00, payable to Petitioners as guardians/conservators of N.W.'s estate, was awarded for all remaining damages.

Subsequently, on January 27, 2016, the parties filed a joint stipulation regarding attorney's fees and costs. Special Master Corcoran approved this stipulation, awarding $27,166.66, payable jointly to Petitioners and their counsel, Michael Adly Baseluos, for attorney's fees and costs.

The total compensation awarded was $65,000.00 plus attorney's fees and costs. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation.