Sasha Martin v. HHS - multiple, Table encephalopathy (2016)

On July 9, 2015, Sasha Martin filed a petition on behalf of her deceased minor child, A.N.M. A.N.M. received Hepatitis A, Haemophilus influenzae type b, measles-mumps-rubella, pneumococcal conjugate, and varicella vaccines on or about July 10, 2013.

The petition alleged that these vaccines caused A.N.M. to suffer a Table encephalopathy, leading to her death on July 18, 2013. Alternatively, the petition alleged that the vaccines caused A.N.M.'s death in fact.

Petitioner represented that there had been no prior award or settlement of a civil action for damages on behalf of A.N.M. as a result of her condition and/or death. Respondent denied that A.N.M. suffered a Table injury and denied that the vaccines caused any injury or her death.

Despite these positions, the parties reached a settlement through a joint stipulation. Special Master Christian J.

Moran adopted the stipulation on June 23, 2016. The award included a lump sum of $29,388.36 to reimburse a State of Ohio Medicaid lien, payable jointly to petitioner and the Ohio Tort Recovery Unit.

An additional lump sum of $300,000.00 was awarded, payable to Sasha Martin as the legal representative of A.N.M.'s estate, representing compensation for all remaining damages available under the Vaccine Act. Petitioner was represented by Michael F.

Becker of The Becker Law Firm. Respondent was represented by Gordon Elliot Shemin of the U.S.

Department of Justice. The stipulation stated that it was a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, and that it was not an admission by the United States or the Secretary of Health and Human Services that A.N.M. sustained a Table injury or that the vaccines caused her injury or death.

The public decision does not describe the specific onset of symptoms, medical tests, or treatments A.N.M. received.