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 on January 26, 2018. 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.
Theory of causation
Petitioner alleged that H.S. suffered acute cerebellar ataxia caused by his December 12, 2013 receipt of the Haemophilus influenzae type B (Hib) vaccine. Respondent denied causation. The parties reached a stipulation to resolve the matter, and the Special Master adopted the stipulation. The public decision does not describe the specific theory of causation, medical experts, clinical findings, onset, symptoms, tests, or treatments. The award was based on a stipulation and included a total of $2,309,111, comprising a lump sum of $899,387.81 for first-year life care expenses and trust seed funds, a lump sum of $1,075,383.88 for lost future earnings and pain and suffering, a lump sum of $32,240.10 for past unreimbursable expenses, and an amount for an annuity contract. Special Master Laura D. Millman issued the decision on January 26, 2018. Attorneys were John R. Howie, Jr. for the petitioner and Claudia B. Gangi for the respondent.
Source PDFs
USCOURTS-cofc-1_15-vv-00117