Autumn Decker v. HHS - Hepatitis A, Hashimoto’s thyroiditis and premature ovarian failure (2023)
Case summary [AI summaries can sometimes make mistakes]
On January 7, 2015, Candie Decker, mother of Autumn Decker, filed a petition under the National Vaccine Injury Compensation Program alleging that the Hepatitis A vaccine (HAV) administered to her daughter on July 16, 2013, caused Hashimoto's thyroiditis and premature ovarian failure (POF). Autumn Decker was born on October 25, 1999.
Petitioner attained the age of majority on October 25, 2017. Following an entitlement hearing, Special Master Herbrina Sanders issued a ruling on December 14, 2020, finding Petitioner entitled to compensation.
The case then proceeded to damages. Respondent filed a Proffer on Award of Compensation on June 9, 2023, which was corrected and refiled on August 28, 2023, due to an error in the funding chart.
A final decision awarding damages was issued on July 21, 2023, and subsequently reissued on September 15, 2023, with a corrected funding chart. Petitioner was awarded a lump sum of $259,279.47, which included compensation for life care expenses for the first year ($1,918.45), pain and suffering ($250,000.00), and past unreimbursable expenses ($7,361.02).
Additionally, an amount sufficient to purchase an annuity contract for future life care items was awarded, with medical life care items growing at 5% annually and non-medical items at 4% annually. The total compensation reflects a stipulated agreement between the parties.
Petitioner was represented by Andrew Downing and later by Downing, Allison & Jorgenson. Respondent was represented by Lara Englund of the U.S.
Department of Justice.
Source PDFs
USCOURTS-cofc-1_15-vv-00017