J.C. v. HHS - Influenza, transverse myelitis (2018)

On March 14, 2016, Mark and Shannon Clement, as parents of their minor son J.C., filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that J.C. suffered from transverse myelitis (TM) as a result of an influenza vaccine administered on September 24, 2013.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused J.C.'s TM or any other injury. The parties, represented by Ronald C.

Homer for the petitioners and Adriana R. Teitel for the respondent, reached a joint stipulation to settle the case.

Special Master Thomas L. Gowen approved the stipulation.

The decision awards compensation totaling $337,137.44. This includes a lump sum of $221,184.10 for first-year life care expenses, pain and suffering, and future lost wages, payable to J.C.'s estate upon proof of guardianship.

Petitioners also received a lump sum of $3,815.90 for past unreimbursable expenses, payable to them. Additionally, $102,135.21 was allocated to reimburse a lien for services rendered to J.C., payable jointly to the petitioners and the California Department of Health Care Services.

An additional amount was set aside for the purchase of an annuity contract. The public decision does not describe the onset of symptoms, specific medical tests performed, treatments received, or the specific mechanism of causation.