Andrew Hoose v. HHS - Influenza, Acute Disseminated Encephalomyelitis (ADEM) (2016)

Filed 2015-05-11Decided 2016-08-09Vaccine Influenza
compensated$500,000

Case summary [AI summaries can sometimes make mistakes]

Andrew Hoose filed a petition for compensation under the National Vaccine Injury Compensation Program on May 11, 2015. Petitioner alleged that he developed Acute Disseminated Encephalomyelitis (ADEM) as a result of receiving an influenza vaccination on September 9, 2013.

The respondent denied that the influenza immunization caused petitioner's injury. The parties reached a settlement agreement, which was filed on August 9, 2016.

Under the terms of the stipulation, the respondent agreed to issue payments totaling $500,000.00 in a lump sum, payable to Andrew Hoose. Additionally, the respondent agreed to pay an amount sufficient to purchase an annuity contract, which would be paid to the life insurance company from which the annuity would be purchased.

These combined payments were intended to compensate for all damages available under the program. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation accordingly.

The decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. Ronald C.

Homer, Esq., represented the petitioner, and Douglas Ross, Esq., represented the respondent.

Theory of causation

Petitioner Andrew Hoose alleged that he developed Acute Disseminated Encephalomyelitis (ADEM) as a result of receiving an influenza vaccination on September 9, 2013. The respondent denied causation. The parties reached a stipulation for settlement, agreeing to compensation. The public decision does not describe the specific theory of causation, mechanism of injury, expert testimony, or the specific breakdown of the annuity. The settlement award consists of a $500,000.00 lump sum payment to the petitioner and an additional amount sufficient to purchase an annuity. Special Master Mindy Michaels Roth adopted the stipulation. The decision was issued on August 9, 2016. Petitioner's counsel was Ronald C. Homer, Esq., and respondent's counsel was Douglas Ross, Esq.

Source PDFs 2 total · 1 downloaded