Emily Briggs v. HHS - Meningococcal, severe aplastic anemia (2019)
Case summary [AI summaries can sometimes make mistakes]
Emily Briggs, who reached the age of majority during the proceedings, filed a petition for compensation within the National Vaccine Injury Compensation Program on July 16, 2015. She alleged that she received a meningococcal conjugate vaccine (Menactra) on August 2, 2012, and subsequently developed severe aplastic anemia, which she claimed was caused-in-fact by the vaccine.
Petitioner further alleged that she experienced the residual effects of her injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the Menactra vaccine caused petitioner's severe aplastic anemia or any other injury.
Despite maintaining their respective positions, the parties reached a stipulation to settle the case. The stipulation stated that Emily Briggs would be awarded compensation for all damages available under the Vaccine Act.
On December 2, 2019, Special Master Thomas L. Gowen adopted the stipulation, awarding Emily Briggs $35,000.00 in a lump sum, payable to petitioner, representing compensation for all damages.
The decision was filed on December 2, 2019, and the Clerk of the Court was ordered to enter judgment in accordance with the terms of the stipulation. Petitioner was represented by Richard Gage, and respondent was represented by Voris E.
Johnson. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or provide expert testimony.
Theory of causation
Petitioner Emily Briggs received a meningococcal conjugate vaccine (Menactra) on August 2, 2012, and alleged she subsequently developed severe aplastic anemia, which she claimed was caused-in-fact by the vaccine. Petitioner alleged residual effects for more than six months. Respondent denied causation. The parties reached a stipulation for settlement, agreeing to an award of $35,000.00 as compensation for all damages available under the Vaccine Act. Special Master Thomas L. Gowen adopted the stipulation on December 2, 2019. The theory of causation was "Off-Table" as the severe aplastic anemia is not listed in the Vaccine Injury Table. The public decision does not detail the specific medical mechanism, expert testimony, or the breakdown of the award beyond the lump sum amount. Petitioner's counsel was Richard Gage, and respondent's counsel was Voris E. Johnson.
Source PDFs
USCOURTS-cofc-1_15-vv-00737