Stephen Grivna v. HHS - Influenza, acute disseminated encephalomyelitis (ADEM) (2020)

On October 29, 2015, Stephen Grivna, as the father and natural guardian for his daughter M.G., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition sought compensation for injuries, including acute disseminated encephalomyelitis (ADEM), allegedly sustained as a result of M.G. receiving an influenza vaccine on November 20, 2013.

The influenza vaccine is listed on the Vaccine Injury Table. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused M.G.'s injuries.

However, the parties reached a stipulation to resolve the issues and award compensation. The stipulation, adopted by Special Master Thomas L.

Gowen, awarded a total of $1,912,267.00. This amount included a lump sum of $852,866.12 for first-year life care expenses and trust seed funds, payable to Regions Bank as trustee.

Another lump sum of $925,000.00 was awarded for lost future earnings and pain and suffering, payable to petitioner as guardian/conservator upon documentation of appointment. Additionally, two lump sums were awarded for lien reimbursements: $73,479.93 payable jointly to petitioner and the Agency for Health Care Administration for Florida Medicaid services, and $50,121.66 payable jointly to petitioner and the Department of Health, Children’s Medical Services.

The stipulation also included an amount sufficient to purchase an annuity contract for all other damages. Petitioner was represented by Jeffrey S.

Pop of Jeffrey S. Pop & Associates, and respondent was represented by Lara A.

Englund of the United States Department of Justice. Judgment was entered in accordance with the terms of the stipulation.