Jessica R. Martin v. HHS - DTaP, transverse myelitis (2017)
Case summary [AI summaries can sometimes make mistakes]
On March 11, 2016, Jessica R. Martin filed a petition on behalf of her minor daughter, KM, alleging that KM developed transverse myelitis (TM) as a result of receiving the diphtheria-tetanus-acellular pertussis (DTaP), inactivated poliovirus (IPV), Haemophilus influenza type B (Hib), pneumococcal conjugate (PCV), and rotavirus vaccines on August 23, 2013.
Petitioner further alleged that KM suffered residual effects of the injury for more than six months. Respondent denied that the vaccines caused KM's transverse myelitis.
The parties reached a joint stipulation, and on October 23, 2017, Special Master Christian J. Moran issued a decision finding the stipulation reasonable and adopting its terms.
KM was awarded a lump sum of $250,000.00 for all compensable damages, $9,500.00 for past unreimbursable expenses, and a life-contingent annuity with initial monthly payments of $990.12, increasing at three percent annually. Petitioner was represented by Dan W.
Bolton, III, and respondent was represented by Voris E. Johnson, Jr.
The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the mechanism of injury.
Theory of causation
Petitioner alleged that the DTaP, IPV, Hib, PCV, and rotavirus vaccines administered on August 23, 2013, caused KM, who was approximately seven to eight months old, to develop transverse myelitis (TM) with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation for settlement. Special Master Christian J. Moran adopted the stipulation, awarding KM $250,000.00 for all damages, $9,500.00 for past unreimbursable expenses, and a life-contingent annuity of $990.12 per month, increasing at three percent annually. The public decision does not detail the specific mechanism of causation or name any experts. The decision date was October 23, 2017. Petitioner's counsel was Dan W. Bolton, III, and respondent's counsel was Voris E. Johnson, Jr.
Source PDFs
USCOURTS-cofc-1_16-vv-00318