Brittany Arnold v. HHS - Hepatitis A, febrile convulsions and developmental delays (2017)
Case summary [AI summaries can sometimes make mistakes]
On March 6, 2017, Brittany Arnold, as Guardian of L.A., filed a petition for vaccine compensation. The petition alleged that the hepatitis A and pneumococcal conjugate vaccines, received on July 23, 2012, caused L.A. to suffer febrile convulsions and developmental delays, with residual effects lasting more than six months.
The respondent, the Secretary of Health and Human Services, denied that the vaccines caused L.A.'s condition. The parties reached a joint stipulation to settle the case.
The stipulation stated that L.A. received the hepatitis A and pneumococcal conjugate vaccines on July 23, 2012, and that the petitioner alleged febrile convulsions and developmental delays as a result. The respondent maintained their denial but agreed to the settlement.
Special Master Christian J. Moran adopted the stipulation.
The award consisted of a lump sum of $12,848.40 to reimburse a lien for services rendered by WellPoint Partnership Plan, LLC, and an amount not to exceed $250,000.00 to purchase an annuity contract for L.A.'s benefit. The total award of $262,848.40 represents compensation for all damages available under the National Childhood Vaccine Injury Act.
The decision was entered on April 10, 2017. Petitioner was represented by Paul R.
Brazil of Muller Brazil, LLP, and respondent was represented by Lara A. Englund of the U.S.
Department of Justice.
Theory of causation
The public decision does not specify a theory of causation. The case was settled via joint stipulation between the petitioner, Brittany Arnold as Guardian of L.A., and the respondent, the Secretary of Health and Human Services. The petitioner alleged that the hepatitis A and pneumococcal conjugate vaccines, received on July 23, 2012, caused L.A. to suffer febrile convulsions and developmental delays, with residual effects lasting more than six months. The respondent denied causation. The stipulation adopted by Special Master Christian J. Moran awarded compensation consisting of a lump sum of $12,848.40 for reimbursement of a lien and up to $250,000.00 for an annuity contract, totaling $262,848.40. The stipulation explicitly states that it is not an admission by the United States or the Secretary of Health and Human Services that the vaccines caused L.A.'s condition. No specific medical experts or detailed causation mechanisms were described in the public decision text.
Source PDFs
USCOURTS-cofc-1_15-vv-00534