VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00117
Package ID: USCOURTS-cofc-1_15-vv-00117
Petitioner: H.S.
Filed: 2018-01-26
Decided: 2018-01-26
Vaccine: Hib
Vaccination date: 2013-12-12
Condition: acute cerebellar ataxia
Outcome: compensated
Award amount USD: 2309111

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00117-0
Date issued/filed: 2018-02-20
Pages: 13
Docket text: PUBLIC DECISION (Originally filed: 01/26/2018) regarding 55 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Service on parties made.
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Case 1:15-vv-00117-UNJ Document 64 Filed 02/20/18 Page 1 of 13
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-117V
Filed: January 26, 2018
Not for Publication
*************************************
H.S., a Minor, by his PARENT AND *
NATURAL GUARDIAN, *
AMANDA SEIDERS, *
*
Petitioner, *
Damages decision based on
*
stipulation; Hib vaccine; acute
v. *
cerebellar ataxia
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
John R. Howie, Jr., Dallas, TX, for petitioner.
Claudia B. Gangi, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On January 25, 2018, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms. Petitioner alleges that her son, H.S., suffered
acute cerebellar ataxia that was caused by his December 12, 2013 receipt of Haemophilus
influenzae type B (“Hib”) vaccine. Respondent denies that Hib vaccine caused H.S.’s acute
cerebellar ataxia or any other injury. Nonetheless, the parties agreed to resolve this matter
informally.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat.
2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be
made available to the public unless they contain trade secrets or commercial or financial information that
is privileged and confidential, or medical or similar information whose disclosure would constitute a
clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify
and move to delete such information prior to the document’s disclosure. If the special master, upon
review, agrees that the identified material fits within the banned categories listed above, the special
master shall delete such material from public access.

Case 1:15-vv-00117-UNJ Document 64 Filed 02/20/18 Page 2 of 13
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards the following vaccine
compensation payments under 42 U.S.C. § 300aa-15(a) (2012):
a. A lump sum of $899,387.81, representing compensation for first year life care
expenses ($308,087.81) and trust seed funds ($591,300.00), in the form of a check
payable to Regions Bank, as trustee of the grantor reversionary trust established for
the benefit of H.S.;
b. A lump sum of $1,075,383.88, representing compensation for lost future earnings
($825,383.88) and pain and suffering ($250,000.00), in the form of a check payable to
petitioner as guardian/conservator of the estate of H.S. for the benefit of H.S.;
c. A lump sum of $32,240.10, representing compensation for past unreimbursable
expenses, in the form of a check payable to petitioner; and
d. An amount sufficient to purchase the annuity contract described in paragraph 10 of
the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: January 26, 2018 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.

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