Brenda Faulk v. HHS - Influenza, acute disseminated encephalomyelitis (“ADEM”) and/or neuromyelitis optica (2021)

On March 3, 2017, Brenda Faulk filed a petition on behalf of her minor daughter, B.B., seeking compensation after B.B. received an influenza vaccine on October 15, 2015. The petition alleged that the vaccine caused B.B. to suffer acute disseminated encephalomyelitis (ADEM) and/or neuromyelitis optica.

Petitioner represented that no prior civil award or settlement had been made on B.B.'s behalf for the same condition. Respondent denied that the influenza vaccine caused or significantly aggravated B.B.'s alleged ADEM, neuromyelitis optica, any other injury, or her current condition.

The case resolved through a joint stipulation filed on November 23, 2021, in which the parties maintained their respective positions but agreed that judgment should enter awarding compensation. Special Master Christian J.

Moran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court on November 29, 2021. The award included a lump sum of $207,058.44 payable to petitioner as guardian or conservator of B.B.'s estate for first-year life care expenses and pain and suffering, contingent upon the provision of appropriate guardianship documentation.

Additionally, lien reimbursements were awarded: $155,153.69 payable jointly to petitioner and Community Health Choice, $42,767.31 payable jointly to petitioner and Texas Children's Health Plan Casualty Recovery Unit, and $3,524.99 payable jointly to petitioner and Optum Subrogation Services for Amerigroup-Texas-HOU. The stipulation also mandated that the Secretary of Health and Human Services purchase an annuity for B.B.'s future care.

This annuity covers various future expenses, including unreimbursable Affordable Care Act premiums and out-of-pocket costs, Medicare-related expenses, Medigap coverage, physical therapy, medications and supplies, incontinence and mobility-related items, power wheelchair costs, case management, home modification, and wheelchair lift expenses. Many of these annuity payments are set to increase at a rate of three percent compounded annually.

Petitioner was represented by Isaiah R. Kalinowski of Maglio Christopher & Toale, P.A., and respondent by Mallori B.

Openchowski of the Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, or treatments received by B.B.