Kathleen Berrett v. HHS - HPV, transverse myelitis (2018)

On January 4, 2016, Kathleen Berrett, as Personal Representative of the Estate of C.B., deceased, filed a petition seeking compensation under the National Vaccine Injury Compensation Program on behalf of her minor child, C.B. The petition alleged that C.B. suffered transverse myelitis as a result of receiving the human papillomavirus (HPV) vaccine on February 1, 2014, and that the injury produced residual effects lasting more than six months.

Respondent denied that the HPV vaccine caused C.B. to suffer transverse myelitis or any other injury or condition. The publicly available decision does not provide C.B.'s age, clinical onset date, treatment course, expert opinions, or the medical reasoning behind the parties' settlement positions.

It is a stipulated damages decision, meaning the case was resolved without a public entitlement analysis. On November 2, 2018, the parties filed a stipulation asking that compensation be awarded while maintaining their respective positions on causation.

Special Master Brian H. Corcoran reviewed the file, found the stipulation reasonable, and adopted it as the decision awarding damages.

The award consisted of two lump-sum payments: $268,256.64 payable to petitioner, and $208,432.51 payable jointly to petitioner and the Utah Department of Human Services, Office of Recovery Services, as reimbursement of a lien for services rendered on C.B.'s behalf. Together, those payments represented all compensation available under section 15(a) of the Vaccine Act, totaling $476,689.15.

Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Camille M. Collett.