R.S. v. HHS - Pneumococcal, transverse myelitis (2025)

On February 11, 2016, Nicole Tracy and Danny Stotler, on behalf of their minor child R.S., filed a petition alleging that the Prevnar 13 vaccine administered on March 18, 2013, caused R.S. to develop transverse myelitis (TM). R.S. was approximately nine months old at the time of vaccination.

Following the vaccination, R.S. developed symptoms including lethargy and decreased movement in her extremities, leading to a diagnosis of TM. Medical records documented inflammation of the spinal cord and subsequent weakness and spasticity in her lower extremities.

Petitioners presented expert testimony from Dr. Teri Schreiner, R.S.'s treating neurologist, and Dr.

Lawrence Steinman, a neuro-immunologist, who opined that the vaccine was the cause-in-fact of R.S.'s TM, likely through a mechanism of molecular mimicry. Respondent's expert, Dr.

Stephen McGeady, contested the theory of causation. After a ruling on entitlement in favor of the petitioners on March 30, 2022, the case proceeded to damages.

The parties reached a stipulation and proffer agreement, and on January 15, 2025, Special Master Herbrina D. S.

Young awarded R.S. compensation totaling $1,476,663.34. This amount includes a lump sum payment of $1,297,837.79 for first-year life care expenses, partial lost future earnings, and pain and suffering; a lump sum payment of $37,629.32 for past unreimbursable expenses; a lump sum payment of $40,866.23 to satisfy the Colorado Medicaid lien; and an amount sufficient to purchase an annuity for future life care expenses.

The annuity payments are to be made directly to petitioners as long as R.S. is alive, with medical items growing at 5% annually and non-medical items at 4% annually.