Jeremy Yuricek v. HHS - Influenza, acute disseminated encephalomyelitis (2016)

On October 30, 2015, Ana Yuricek, as administratrix of the estate of Jeremy Yuricek and individually, petitioned for compensation under the National Childhood Vaccine Injury Act of 1986. The petition alleged that an influenza vaccine administered on October 4, 2013, caused Mr.

Yuricek to develop acute disseminated encephalomyelitis (ADEM), which resulted in his death. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the alleged ADEM or death.

On August 1, 2016, the parties filed a joint stipulation on damages, agreeing to an award of compensation. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

The stipulation awarded the estate a lump sum of $405,046.04, payable to petitioner as Legal Representative of the Estate of Jeremy Yuricek. This amount was stipulated to represent compensation for all remaining damages available under 42 U.S.C. § 300aa-15(a).

The Special Master approved the requested amount. Judgment was to be entered in accordance with the stipulation, as both parties renounced the right to seek review.

Seth D. Bader represented the petitioner, and Gordon Shemin represented the respondent.

The public decision does not describe the onset of symptoms, specific clinical details of Mr. Yuricek's condition, diagnostic tests performed, treatments received, or the specific mechanism by which the vaccine allegedly caused ADEM.