Dolores Smoot v. HHS - Influenza, neuromyelitis optica (2022)

Dolores Smoot filed a petition for compensation under the National Vaccine Injury Compensation Program on May 16, 2016. Ms.

Smoot alleged that she suffered from neuromyelitis optica (NMO) after receiving an influenza vaccine on November 1, 2013. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her injury.

The parties subsequently reached a settlement agreement, which was filed on September 22, 2022. As part of the stipulation, the respondent agreed to issue payments totaling $239,620.96.

This amount includes a lump sum of $200,620.96, comprising $50,620.96 for first-year life care expenses and $150,000.00 for combined lost earnings and pain and suffering, payable to Dolores Smoot. Additionally, a lump sum of $39,657.60 was allocated to reimburse a Medicaid lien for services rendered to Ms.

Smoot by the State of Ohio, payable jointly to Ms. Smoot and the Treasurer of the State of Ohio.

The settlement also included an amount sufficient to purchase an annuity contract, paid to the life insurance company from which the annuity would be purchased. Special Master Mindy Michaels Roth adopted the parties' stipulation and directed that judgment be entered in accordance with the decision.

The decision was filed on October 17, 2022. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Petitioner was represented by John Howie, Jr., Esq., and respondent was represented by Althea Davis, Esq.