Wendy A. Adams v. HHS - Influenza, cerebellar ataxia and acute cerebellitis (2018)

On April 8, 2015, Jeanette J. Foster, as Power of Attorney for Wendy A.

Adams, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Ms.

Adams developed cerebellar ataxia and acute cerebellitis after receiving an influenza vaccine on October 8, 2013. Respondent, the Secretary of Health and Human Services, denied that the vaccine caused Ms.

Adams' injuries. The case caption was later amended to reflect Jeanette J.

Foster as Power of Attorney for Wendy A. Adams.

On January 11, 2017, Special Master Mindy Michaels Roth granted petitioner's motion for interim costs, awarding $10,696.38. This amount included $9,500.00 for the fees of expert witness Lawrence Steinman, M.D.

The decision noted that the case had been pending for approximately 21 months and that a hearing was unlikely until 2018, justifying the interim award to prevent counsel from being unduly financially burdened. On September 28, 2018, the parties filed a joint stipulation to settle the case.

Respondent agreed to pay a lump sum of $200,000.00 for pain and suffering, payable to petitioner as guardian/conservator of Ms. Adams' estate.

Additionally, respondent agreed to pay a lump sum of $66,077.33 to reimburse the North Carolina Medicaid lien, payable jointly to petitioner as guardian/conservator and the North Carolina Division of Medical Assistance. This total award of $266,077.33 was to represent compensation for all damages available under the Vaccine Act.

Special Master Mindy Michaels Roth adopted the parties' stipulation and directed the clerk of the court to enter judgment accordingly on October 23, 2018. Petitioner was represented by Nancy Meyers of Ward Black Law, and respondent was represented by Douglas Ross and later Colleen Hartley of the U.S.

Department of Justice.