Tacoma Lewis v. HHS - IPV/Polio, dermatomyositis (2019)

Filed 2016-12-02Decided 2019-10-22Vaccine IPV/Polio
compensated$423

Case summary [AI summaries can sometimes make mistakes]

On December 2, 2016, Tacoma Lewis, as the natural guardian for her minor daughter C.A.I., filed a petition alleging that C.A.I. developed dermatomyositis as a result of receiving the inactivated polio virus (IPV), DTP/aP, measles-mumps-rubella (MMR), and varicella vaccines on January 8, 2015. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused C.A.I.'s condition.

The parties, represented by Nancy R. Meyers for the petitioner and Daniel A.

Principato for the respondent, reached a stipulation for an award of compensation. Special Master Nora Beth Dorsey adopted the stipulation as the court's decision.

C.A.I. was awarded a lump sum of $423.93 for past unreimbursable expenses, payable to the petitioner. Additionally, an amount sufficient to purchase an annuity contract, as described in the stipulation, was awarded.

This total compensation represents all damages available under the National Childhood Vaccine Injury Act. The parties agreed to waive their right to seek review, expediting the entry of judgment.

Theory of causation

Petitioner alleged that C.A.I. developed dermatomyositis as a result of receiving the inactivated polio virus (IPV), DTP/aP, measles-mumps-rubella (MMR), and varicella vaccines on January 8, 2015. The respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Nora Beth Dorsey. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury, or the mechanism by which the vaccines allegedly caused the condition. The award consisted of $423.93 for past unreimbursable expenses and an amount for an annuity contract.

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