H.S. v. HHS - Hib, acute cerebellar ataxia (2018)
Case summary [AI summaries can sometimes make mistakes]
H.S., a minor, by his parent and natural guardian Amanda Seiders, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that H.S. suffered acute cerebellar ataxia caused by his receipt of a Haemophilus influenzae type B (Hib) vaccine on December 12, 2013.
The respondent, the Secretary of Health and Human Services, denied that the Hib vaccine caused H.S.'s condition. The parties, represented by John R.
Howie, Jr. for the petitioner and Claudia B. Gangi for the respondent, reached a stipulation to resolve the matter informally.
Special Master Laura D. Millman adopted the stipulation, finding its terms reasonable.
Compensation was awarded under 42 U.S.C. § 300aa-15(a). The award included a lump sum of $899,387.81 for first-year life care expenses and trust seed funds, payable to Regions Bank as trustee.
A second lump sum of $1,075,383.88 was awarded for lost future earnings and pain and suffering, payable to the petitioner as guardian/conservator. A third lump sum of $32,240.10 was awarded for past unreimbursable expenses, payable to the petitioner.
Additionally, an amount sufficient to purchase an annuity contract was awarded. The total compensation awarded was $2,309,111.
The decision was issued on January 26, 2018.