E.C. v. HHS - Influenza, transverse myelitis (2016)
Case summary [AI summaries can sometimes make mistakes]
On January 16, 2013, Todd and Carrie Carlson, as parents and natural guardians of E.C., a minor child, filed a petition under the National Vaccine Injury Compensation Program. They alleged that E.C. developed transverse myelitis as a result of receiving influenza, human papillomavirus (Gardasil/HPV), diphtheria-tetanus-acellular pertussis (DTaP), and meningococcal vaccinations on January 5, 2012.
The petition further alleged that E.C. experienced residual effects from the injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused E.C.'s alleged injuries or current condition.
On March 11, 2016, the parties filed a joint stipulation for damages. Special Master Thomas L.
Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. E.C. was awarded a lump sum of $78,000.00 for all damages and an additional lump sum of $3,500.00 for past unreimbursable expenses, totaling $81,500.00.
The decision was issued on April 4, 2016. Petitioner counsel was Clifford J.
Shoemaker of Shoemaker, Gentry & Knickelbein, and respondent counsel was Jennifer L. Reynaud of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.
Theory of causation
Petitioners alleged that E.C. developed transverse myelitis as a result of receiving influenza, HPV, DTaP, and meningococcal vaccinations on January 5, 2012, and experienced residual effects for more than six months. Respondent denied causation. The parties reached a joint stipulation for damages, which was approved by Special Master Thomas L. Gowen on April 4, 2016. The stipulation resulted in an award of $78,000.00 for all damages and $3,500.00 for past unreimbursable expenses, totaling $81,500.00. The specific theory of causation, medical experts, or mechanism of injury were not detailed in the provided public decision text, which was based on a stipulation.
Source PDFs
USCOURTS-cofc-1_15-vv-00043