E.L. v. HHS - Influenza, acute disseminated encephalomyelitis (2018)

Filed 2017-03-28Decided 2018-05-23Vaccine Influenza
compensated$130,000cognitive/developmental

Case summary [AI summaries can sometimes make mistakes]

Kerry and Benjamin Leigh, parents of E.L., a minor, filed a petition on March 28, 2017, alleging that an influenza vaccine administered to E.L. on October 22, 2015, caused acute disseminated encephalomyelitis (ADEM). They further alleged that E.L. suffered residual effects from this injury for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused E.L.'s ADEM or any other injury. Despite the respondent's denial, the parties reached a joint stipulation for compensation.

Special Master Christian J. Moran reviewed and adopted the stipulation as the decision of the Court.

The stipulation awarded a lump sum of $8,000.00, payable to the petitioners, for past unreimbursable expenses. Additionally, a lump sum payment of $122,000.00, payable to the petitioners as guardians/conservators of E.L.'s estate, was awarded as compensation for all other damages.

The total award amounted to $130,000.00. The case was resolved via stipulation and award.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury. The names of petitioner counsel were Ronald C.

Homer and Christina M. Ciampolillo of Conway Homer, P.C., and respondent counsel was Daniel A.

Principato of the United States Department of Justice.

Theory of causation

Petitioners alleged that the influenza vaccine administered on October 22, 2015, caused E.L. to suffer acute disseminated encephalomyelitis (ADEM), a condition listed in the Vaccine Injury Table. Petitioners further alleged that E.L. suffered residual effects for more than six months. Respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation awarded $8,000.00 for past unreimbursable expenses and $122,000.00 for all other damages, totaling $130,000.00. The public decision does not detail the specific medical mechanism of injury, expert testimony, or the evidence considered beyond the stipulation. The theory of causation is based on the Vaccine Injury Table, as indicated by the stipulation.

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