{"package_id":"USCOURTS-cofc-1_15-vv-01283","decision_granule_id":"USCOURTS-cofc-1_15-vv-01283-1","petitioner_identifier":"Anna Hitt","is_minor":0,"age_at_vaccination":28.0,"age_unit_raw":"years","vaccine_type":"influenza","vaccination_date":"2014-10-23","condition_raw":"transverse myelitis and multiple sclerosis","condition_category":"transverse_myelitis","autism_spectrum_adjacent":0,"outcome":"compensated","award_amount_usd":469237,"decision_date":"2021-08-13","extraction_version":"gemini-v2","extracted_at":"2026-04-30T00:40:07.414831+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":3,"theory_of_causation":"Anna Hitt, age 28, received an influenza vaccine on October 23, 2014. Within days, she developed progressive numbness in her legs, diagnosed as transverse myelitis and later multiple sclerosis (MS). Petitioner's expert, Dr. Carlo Tornatore, opined that the flu vaccine caused transverse myelitis, which can be the initial presentation of MS, and that the vaccine can trigger an immune response leading to MS. Respondent's expert, Dr. Peter Donofrio, initially argued Ms. Hitt had pre-existing MS symptoms and that the flu vaccine does not cause MS. However, Dr. Donofrio conceded that if Ms. Hitt had no pre-vaccination neurological symptoms, the medical theories linking the flu vaccine to transverse myelitis or MS were valid. Special Master Christian J. Moran found that Ms. Hitt did not have pre-vaccination demyelinating disease and that the flu vaccine could cause her condition, establishing a logical sequence of cause and effect and a proximate temporal relationship. The case was determined to be 'Off-Table.' Ms. Hitt was awarded $469,237.53, including $250,000 for pain, suffering, and emotional distress (capped), $93,594.23 for past expenses (lost earnings and medical), and $125,643.30 for future medical expenses (present value). Attorneys for petitioner were Clifford J. Shoemaker and Renee Gentry; attorney for respondent was Jason C. Bougere. The entitlement ruling was issued January 24, 2020, and the damages decision on August 13, 2021.","is_death":0,"date_of_death":null,"petition_filed_date":"2015-10-29","case_summary":"Anna Hitt, then 28 years old, filed a petition on October 29, 2015, alleging that an influenza vaccine administered on October 23, 2014, caused her to develop transverse myelitis and subsequently multiple sclerosis (MS). The Secretary of Health and Human Services opposed compensation, primarily arguing that Ms. Hitt had pre-existing symptoms of MS before the vaccination. Special Master Christian J. Moran presided over the case. The public decision does not name petitioner counsel or respondent counsel. \n\nMs. Hitt, an athletic individual, had a history of knee pain and lumbar strain treated with physical therapy. In May and June 2013, she experienced numbness, coolness, and tenderness in her right leg, assessed as right leg/hip paresthesia, which resolved without intervention. In September 2013, she received physical therapy for a lumbar strain, reporting no numbness. In early October 2014, she reported low back pain from weight lifting, with no neurological symptoms noted, though she had mild bilateral toe weakness. On October 23, 2014, Ms. Hitt received the influenza vaccine. \n\nWithin days, on October 26, 2014, she began experiencing progressive numbness in both legs. MRIs of her spine on October 30 and 31, 2014, revealed multiple lesions consistent with a demyelinating process. A subsequent MRI of her brain on November 20, 2014, showed lesions with enhancement, consistent with demyelinating disease. Her neurologist, Dr. April Erwin, diagnosed probable new-onset MS on November 20, 2014, noting the event appeared precipitated by the influenza vaccination. A lumbar puncture revealed five oligoclonal bands. On December 8, 2014, Dr. Erwin provided a definitive MS diagnosis by McDonald criteria using MRI and CSF data. \n\nDuring the entitlement phase, the parties presented expert testimony. Petitioner's expert, Dr. Carlo Tornatore, opined that the vaccination resulted in transverse myelitis, which can be the presenting entity of MS, and that the flu vaccine can cause transverse myelitis or MS. Respondent's expert, Dr. Peter Donofrio, argued that Ms. Hitt had MS symptoms before vaccination and that the flu vaccine does not cause MS. However, Dr. Donofrio conceded that if Ms. Hitt had no pre-vaccination neurological symptoms, the medical theories connecting the flu vaccine to transverse myelitis or MS were valid. Special Master Moran found that the evidence preponderated in favor of Ms. Hitt, concluding that her pre-vaccination symptoms were not related to a demyelinating disease and that the flu vaccine could cause her condition. He determined there was a logical sequence of cause and effect and a proximate temporal relationship between the vaccination and her symptoms, finding her entitled to compensation. \n\nThe case proceeded to damages. Ms. Hitt, born in 1986, was 35 years old at the time of the damages decision and had a life expectancy of 48.4 years. Her MS has caused her little physical pain, but significant emotional distress due to the chronic nature of the disease, the fear of relapse, and the side effects of treatment, including Hashimoto's thyroiditis. The Special Master awarded $469,237.53. This included $79,064.95 for lost earnings (agreed upon by parties after tax reduction), $14,529.28 for past unreimbursed medical expenses (as testified by Ms. Hitt), and $125,643.30 as the present value of future unreimbursed medical expenses (based on $3,500 annual expenses and $85 annual mileage, reduced to present value). For pain, suffering, and emotional distress, the award was capped at $250,000. This comprised $5,000 for actual pain, $175,000 for suffering and emotional distress related to the chronic diagnosis of MS and Hashimoto's thyroiditis, and $30,000 for emotional distress from specific events like a seizure and treatment side effects. An additional $87,617.36 was awarded for projected pain, suffering, and emotional distress, calculated at $2,500 annually and reduced to present value, though this amount was subsumed within the $250,000 statutory cap.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Christian J. Moran","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Clifford J. Shoemaker; Renee Gentry","petitioner_attorney_firm":"Shoemaker, Gentry, & Knickelbein","petitioner_attorney_location":"Washington, DC","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|clifford-shoemaker|renee-gentry|","firm_canonical_key":"shoemaker-gentry-and-knickelbein","package_title":"HITT v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01283","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01283.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01283.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_15-vv-01283-0","title":"HITT v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC ORDER/RULING (Originally filed: 1/24/2020) regarding 102 Ruling on Entitlement. Signed by Special Master Christian J. Moran. 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