C.E. v. HHS - DTaP, transverse myelitis (2018)

Filed 2018-10-17Decided 2018-10-18Vaccine DTaP
compensated$151,698

Case summary [AI summaries can sometimes make mistakes]

Devon and Eric Engstrom, on behalf of their minor son C.E., filed a petition on October 17, 2018, alleging that C.E. suffered from transverse myelitis as a result of receiving diphtheria-tetanus-acellular pertussis (DTaP), inactivated poliovirus (IPV), haemophilus influenza B (Hib), rotavirus, and pneumococcal conjugate vaccines on or about September 28, 2015. They further alleged that C.E. experienced residual effects from this injury for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the vaccines caused C.E.'s transverse myelitis or any other injury. Despite the respondent's denial, the parties reached a stipulation to resolve the matter.

Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable.

The court adopted the stipulation and awarded compensation. The award included a lump sum of $150,000.00 payable to petitioners as guardian/conservator of C.E.'s estate, a lump sum of $1,547.89 payable to petitioners, and $150.58 to reimburse the State of Pennsylvania Medicaid lien.

The total award was $151,698.37. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses.

The attorneys for the petitioners were Amber D. Wilson and for the respondent was Camille M.

Collett.

Theory of causation

Petitioners alleged that C.E. suffered from transverse myelitis as a result of receiving DTaP, IPV, Hib, rotavirus, and pneumococcal conjugate vaccines on September 28, 2015, and experienced residual effects for more than six months. The respondent denied causation. The parties reached a stipulation to resolve the case, and the Special Master adopted the stipulation, awarding $151,698.37. The public decision does not detail the specific theory of causation, mechanism, or any expert testimony. The award included $150,000.00 to C.E.'s estate, $1,547.89 to petitioners, and $150.58 for a Medicaid lien reimbursement. Special Master Laura D. Millman issued the decision on October 18, 2018. Petitioners' counsel was Amber D. Wilson, and respondent's counsel was Camille M. Collett.

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