D.J. v. HHS - Influenza, encephalitis (2016)
Case summary [AI summaries can sometimes make mistakes]
On August 22, 2016, D.J., a minor, by her parents Demarco and Lateasha Johnson, filed a petition alleging that she developed encephalitis as a result of receiving an influenza vaccine on January 7, 2014. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the encephalitis.
The parties reached a settlement through a stipulation filed on August 18, 2016. Special Master Laura D.
Millman adopted the stipulation and awarded compensation. The award included a lump sum of $88,000.00 payable to petitioners as guardians/conservators of the estate of D.J., and a lump sum of $12,000.00 for past unreimbursable expenses, payable to petitioners.
These amounts represent compensation for all damages available under the National Vaccine Injury Compensation Program. The public decision does not describe the specific onset of symptoms, clinical course, diagnostic tests, treatments, or the specific mechanism of causation.
Petitioner counsel was William E. Cochran, Jr., and respondent counsel was Ryan D.
Pyles.
Theory of causation
Petitioners alleged that D.J. developed encephalitis as a result of receiving an influenza vaccine on January 7, 2014. Respondent denied causation. The parties reached a stipulation to resolve the matter informally. The Special Master adopted the stipulation and awarded compensation. The award included a lump sum of $88,000.00 payable to petitioners as guardians/conservators of the estate of D.J., and a lump sum of $12,000.00 for past unreimbursable expenses, payable to petitioners. The public decision does not specify the theory of causation, the medical experts consulted, or the mechanism by which the vaccine allegedly caused the injury. The decision date was August 22, 2016. Petitioner counsel was William E. Cochran, Jr., and respondent counsel was Ryan D. Pyles.
Source PDFs
USCOURTS-cofc-1_15-vv-00164