H.M. v. HHS - Tdap, optic neuritis (2016)
Case summary [AI summaries can sometimes make mistakes]
On December 11, 2015, Scott and Amy Marshall, as parents of H.M., filed a petition for compensation under the National Vaccine Injury Act. They alleged that their minor child, H.M., developed optic neuritis as a result of receiving the Human Papilloma Virus (HPV), Hepatitis A, Meningococcal, and Tdap vaccinations on June 4, 2014.
The respondent, the Secretary of Health and Human Services, denied that the vaccinations caused H.M.'s optic neuritis or any other injury. On August 5, 2016, the parties filed a joint stipulation agreeing to an award of compensation.
The stipulation stated that the petitioners would receive $206,731.81 as compensation for all damages. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court, awarding the stipulated amount.
The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation. Petitioner counsel was Mark L.
Kreueger of Krueger & Hernandez, S.C., and respondent counsel was Darryl Wishard of the U.S. Department of Justice.
Theory of causation
Petitioners alleged that H.M. developed optic neuritis as a result of receiving the HPV, Hepatitis A, Meningococcal, and Tdap vaccinations on June 4, 2014. The respondent denied causation. The parties filed a joint stipulation for compensation, which was approved by Chief Special Master Nora Beth Dorsey on August 5, 2016. The stipulation awarded $206,731.81 to the petitioners. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.
Source PDFs
USCOURTS-cofc-1_15-vv-01497