Leslie Lewis v. HHS - Tdap, encephalitis (2018)

Leslie Lewis filed a petition for compensation under the National Vaccine Injury Compensation Program on April 19, 2016, alleging injuries resulting from a Tetanus Diphtheria acellular Pertussis (Tdap) vaccination received on September 9, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 23, 2018, conceding that Ms.

Lewis was entitled to compensation for encephalitis, a condition listed in the Vaccine Injury Table. The respondent determined that Ms.

Lewis met the requirements for compensation because her encephalitis manifested within 72 hours of the vaccination and there was no evidence that the condition was due to an unrelated factor. The respondent also agreed that the encephalitis persisted for more than six months and that Ms.

Lewis satisfied all legal prerequisites for compensation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 24, 2018, finding Ms.

Lewis entitled to compensation. Subsequently, on October 10, 2018, Chief Special Master Dorsey issued a decision awarding damages based on a stipulation and proffer.

The parties agreed to a total award of $262,060.00. This amount included $185,000.00 for pain and suffering, $8,059.00 for past unreimbursable expenses, and $69,001.00 for life care expenses for the first year.

The award also included an amount sufficient to purchase an annuity for future life care expenses, with specific growth rates applied to different categories of care. The public decision does not describe the specific onset symptoms, diagnostic tests, or treatments for Ms.

Lewis's condition. Ms.

Lewis was determined to be a legally competent adult, and therefore, no guardianship was required. Petitioner was represented by Maximillian J.

Muller of Muller Brazil, LLP, and respondent was represented by Adriana Ruth Teitel of the U.S. Department of Justice.