A.S. v. HHS - Influenza, optic neuritis (2017)

Filed 2016-08-23Decided 2017-12-01Vaccine Influenza
compensated$100,000

Case summary [AI summaries can sometimes make mistakes]

On August 23, 2016, Lanesia Shea, mother and next friend of A.S., a minor, filed a petition on behalf of A.S. seeking compensation under the National Childhood Vaccine Injury Program. The petition alleged that A.S. developed optic neuritis after receiving an influenza vaccine on or about September 19, 2014.

The respondent, the Secretary of Health and Human Services, denied that the immunization caused the alleged injury. The parties subsequently reached a settlement.

On December 1, 2017, they filed a joint stipulation outlining the terms of the settlement. As part of the agreement, the respondent agreed to issue a payment of $100,000.00 in the form of a check payable to Lanesia Shea, as guardian/conservator of A.S.'s estate.

This amount was stipulated to represent compensation for all damages available under the National Childhood Vaccine Injury Act. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation accordingly.

The decision was filed on December 1, 2017, and the clerk of the court was directed to enter judgment. The public decision does not describe the specific onset of symptoms, clinical details of the optic neuritis, any diagnostic tests performed, or treatments received.

It also does not name any medical experts or detail the specific mechanism of causation alleged.

Theory of causation

Petitioner Lanesia Shea, on behalf of minor A.S., alleged that A.S. developed optic neuritis following an influenza vaccination on or about September 19, 2014. The respondent denied causation. The parties reached a settlement, and Special Master Mindy Michaels Roth adopted their stipulation, awarding $100,000.00 as compensation for all damages. The public decision does not specify the theory of causation, medical experts, or detailed medical evidence presented by either party. The outcome was a compensated settlement.

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