Marixsa Ruth v. HHS - Influenza, acute disseminated encephalomyelitis (2017)

Marixsa Ruth filed a petition for vaccine compensation on August 10, 2015, alleging that the influenza vaccine she received on or about October 12, 2012, caused her to develop acute disseminated encephalomyelitis (ADEM) with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table.

Respondent denied that the vaccine caused the alleged injury. Nevertheless, the parties reached a stipulation, which was filed on May 1, 2017.

The court found the stipulation reasonable and adopted it as the decision of the Court. As part of the stipulation, Marixsa Ruth was awarded a lump sum payment of $180,000.00 for all damages.

The parties also agreed to further proceedings to award reasonable attorneys' fees and costs. The stipulation represents a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act.