Z.I. v. HHS - Influenza, acute disseminated encephalomyelitis (2017)

On June 18, 2015, Z.I., a minor, through her parent Muhammad IYAZ, filed a petition for vaccine compensation. The petition alleged that an influenza vaccine administered on October 23, 2012, caused Z.I. to develop acute disseminated encephalomyelitis (ADEM).

The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Z.I.'s condition. The parties reached a stipulation to settle the case, which was adopted by Special Master Christian J.

Moran as the decision of the Court. The stipulation awarded Z.I. a total of $3,031,128.81.

This amount comprised a lump sum of $238,417.48 for first-year life care expenses and pain and suffering, and a lump sum of $64,695.33 to reimburse a lien for services rendered. Additionally, an amount sufficient to purchase an annuity for future expenses was awarded.

The annuity payments were to cover various future unreimbursable expenses, including health insurance premiums, maximum out-of-pocket expenses, Medicare and Medigap expenses, educational support, home health aide services, therapeutic aide for camp, and residential care and supported employment expenses. The annuity payments were structured with varying annual amounts and increases over Z.I.'s lifetime, subject to specific conditions and the selection of a qualified life insurance company.

The case was settled as a Table claim, and judgment was entered on September 5, 2017. Petitioner counsel was Lawrence R.

Cohan of Anapol Weiss, and respondent counsel was Christine M. Becer of the U.S.

Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, or treatments received by Z.I.