Greg Averitt v. HHS - Influenza, acute disseminated encephalomyelitis (2018)

Greg Averitt filed a petition for compensation on August 4, 2016, alleging that the influenza vaccine he received on October 14, 2014, caused him to suffer from acute disseminated encephalomyelitis (ADEM). He further alleged that the residual effects of this injury lasted for more than six months.

The influenza vaccine is listed on the Vaccine Injury Table. The respondent denied that the vaccine caused or significantly aggravated petitioner's alleged injury or any other injury, and denied that petitioner's current disabilities were the result of a vaccine-related injury.

Despite these denials, the parties reached a joint stipulation. Special Master Christian J.

Moran adopted the stipulation as the decision of the Court. The stipulation awarded Greg Averitt a lump sum payment of $410,000.00, payable by check to the petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a).

The decision was filed on March 30, 2018, and entered on September 6, 2018. Petitioner was represented by Isaiah R.

Kalinowski of Maglio Christopher and Toale, PA, and respondent was represented by Mallori B. Openchowksi of the United States Department of Justice.

The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. The decision is unpublished, with parties having 14 days to propose redactions.