Jake Peters v. HHS - Influenza, transverse myelitis and/or neuromyelitis optica (2020)

Filed 2016-05-27Decided 2020-02-25Vaccine Influenza
compensated$5,827,580

Case summary [AI summaries can sometimes make mistakes]

Petitioner Jake Peters filed a petition on May 27, 2016, alleging that the influenza and human papillomavirus (HPV) vaccines he received on November 24, 2014, caused him to suffer transverse myelitis (TM) and/or neuromyelitis optica (NMO). These vaccines are listed on the Vaccine Injury Table.

Peters alleged that he suffered residual effects from this injury for more than six months and that there had been no prior award or settlement of a civil action for damages on his behalf. Respondent denied that the vaccines caused or significantly aggravated his condition.

The parties reached a joint stipulation for compensation, which Special Master Christian J. Moran adopted as the decision of the Court.

The award included a lump sum of $3,051,275.06 for first-year life care expenses and trust seed funds, paid to City National Bank as trustee. An additional lump sum of $1,075,000.00 was awarded for lost earnings, pain and suffering, and past unreimbursable expenses, paid to petitioner.

A lump sum of $701,305.48 was awarded to reimburse a State of California Medicaid lien, paid jointly to petitioner and the Department of Health Care Services. The award also included an amount sufficient to purchase an annuity contract for future damages, paid to the life insurance company from which the annuity would be purchased.

The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of injury. Petitioner was represented by Jeffrey S.

Pop, and Respondent was represented by Robert P. Coleman, III.

Theory of causation

Petitioner Jake Peters alleged that the influenza and human papillomavirus (HPV) vaccines received on November 24, 2014, caused transverse myelitis (TM) and/or neuromyelitis optica (NMO), with residual effects lasting more than six months. The vaccines are listed on the Vaccine Injury Table. Respondent denied causation or aggravation. The parties reached a stipulation for compensation, adopted by Special Master Christian J. Moran on February 25, 2020. The award included $3,051,275.06 for first-year life care expenses and trust seed funds, $1,075,000.00 for lost earnings, pain and suffering, and past unreimbursable expenses, $701,305.48 to reimburse a Medicaid lien, and an amount for a future damages annuity. Petitioner was represented by Jeffrey S. Pop, and Respondent by Robert P. Coleman, III. The public decision does not detail the specific mechanism of injury or name any medical experts.

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