Elizabeth B. Hough v. HHS - Influenza, encephalitis (2017)
Case summary [AI summaries can sometimes make mistakes]
Elizabeth B. Hough filed a petition on September 11, 2015, seeking compensation under the National Vaccine Injury Compensation Program.
Ms. Hough alleged that an influenza vaccination administered on September 15, 2012, caused her to suffer from encephalitis with residual effects lasting more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Hough's alleged encephalitis or any other injury, and further denied that her current disabilities were sequelae of a vaccine-related injury.
On July 12, 2017, the parties filed a joint stipulation agreeing to award compensation to Ms. Hough.
The stipulation stated that Ms. Hough would receive a lump sum of $50,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
Special Master Thomas L. Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court, ordering judgment to be entered in accordance with its terms.
The decision was unpublished and noted that it might be posted on the U.S. Court of Federal Claims website after a 14-day period for parties to request redactions.
Petitioner's counsel was Richard Gage of Richard Gage, P.C., and respondent's counsel was Lisa A. Watts of the United States Department of Justice.
Theory of causation
Petitioner Elizabeth B. Hough filed a petition on September 11, 2015, alleging that an influenza vaccination on September 15, 2012, caused encephalitis with residual effects lasting over six months. Respondent denied causation. The parties filed a joint stipulation on July 12, 2017, agreeing to compensation. The stipulation awarded petitioner a lump sum of $50,000.00 for all damages. Special Master Thomas L. Gowen adopted the stipulation as the Court's decision. The public text does not specify the medical mechanism, expert testimony, or specific clinical details of the alleged injury or its sequelae. Petitioner's counsel was Richard Gage, and respondent's counsel was Lisa A. Watts.
Source PDFs
USCOURTS-cofc-1_15-vv-01008