Vera Spearman v. HHS - MMR, encephalitis (2018)
Case summary [AI summaries can sometimes make mistakes]
Vera Spearman filed a petition for compensation under the National Vaccine Injury Compensation Program on January 22, 2018, alleging that she suffered encephalitis as a direct and proximate result of receiving the measles, mumps, and rubella (MMR) vaccine on May 16, 2014. The respondent, the Secretary of Health and Human Services, denied that the MMR vaccine caused petitioner's encephalitis or any other injury.
Despite the denial, the parties filed a joint stipulation on January 22, 2018, agreeing that compensation should be awarded. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the Court.
Pursuant to the stipulation, Vera Spearman was awarded a lump sum of $200,000.00, payable to petitioner, for all items of damages. The decision directed the clerk of the court to enter judgment in accordance with this decision, unless a motion for review was filed.
Petitioner was represented by Howard Dale Mishkind of Mishkind Law Firm Co. L.P.A., and respondent was represented by Christine Mary Becer of the U.S.
Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert testimony.
Theory of causation
Petitioner Vera Spearman alleged that she suffered encephalitis as a direct and proximate result of receiving the measles, mumps, and rubella (MMR) vaccine on May 16, 2014. The respondent denied that the vaccine caused the alleged injury. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation did not detail the specific theory of causation, mechanism, or present expert testimony. Vera Spearman was awarded $200,000.00 as a lump sum for all damages. The decision was issued on April 26, 2018, based on a stipulation filed January 22, 2018. Petitioner's counsel was Howard Dale Mishkind, and respondent's counsel was Christine Mary Becer.
Source PDFs
USCOURTS-cofc-1_16-vv-01119