Beverly Sharifipour v. HHS - Influenza, Acute Disseminated Encephalomyelitis (ADEM) (2017)
Case summary [AI summaries can sometimes make mistakes]
On December 1, 2016, Bahman and Andrew Sharifipour, as legal guardians for Beverly Sharifipour, filed a petition on her behalf under the National Vaccine Injury Compensation Program. They alleged that Beverly suffered from Acute Disseminated Encephalomyelitis (ADEM) as a result of receiving influenza and tetanus diphtheria acellular pertussis (Tdap) vaccines on October 31, 2012, and that she experienced residual effects lasting more than six months.
The respondent denied that the vaccinations caused Ms. Sharifipour's alleged ADEM or any other injury.
Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on December 1, 2016. Special Master Brian H.
Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the court. The stipulation awarded a lump sum of $413,422.63, payable to the legal guardians for Beverly's benefit, to cover first-year life care expenses ($133,422.63), pain and suffering, and past unreimbursable expenses ($280,000.00).
An additional amount was awarded to purchase an annuity contract for future damages. The court directed that judgment be entered accordingly.
Ronald Craig Homer represented the petitioners, and Althea Walker Davis represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.
Theory of causation
Petitioners alleged that Beverly Sharifipour suffered Acute Disseminated Encephalomyelitis (ADEM) as a result of receiving influenza and Tdap vaccines on October 31, 2012, with residual effects lasting more than six months. Respondent denied causation. The parties settled the case via stipulation, which was adopted by Special Master Brian H. Corcoran on January 31, 2017. The stipulation awarded a lump sum of $413,422.63 for first-year life care expenses, pain and suffering, and past unreimbursable expenses, plus an amount for an annuity for future damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.
Source PDFs
USCOURTS-cofc-1_15-vv-00669