Alethea Agee v. HHS - Influenza, complex regional pain syndrome (“CRPS”) (2022)

Alethea Agee filed a petition on May 8, 2017, alleging that an influenza vaccine administered on October 7, 2014, caused her to develop complex regional pain syndrome (CRPS) in her left upper extremity. The respondent filed a Rule 4(c) Report on March 7, 2018, conceding that the CRPS was caused-in-fact by the vaccination and that compensation was appropriate.

Special Master Laura D. Millman issued a ruling on entitlement on March 8, 2018, finding Ms.

Agee entitled to compensation. The case then proceeded to the damages phase.

On November 22, 2022, the respondent filed a proffer on the award of compensation. Special Master Daniel T.

Horner issued a decision on December 28, 2022, awarding Ms. Agee a total of $1,649,788.66.

This award includes $86,090.36 for life care expenses expected in the first year after judgment, $1,340,812.00 for lost earnings (past and future), and $222,886.30 for pain and suffering ($125,000.00 actual and $97,886.30 projected, reduced to present value). The award also includes an amount sufficient to purchase an annuity for future life care items, with growth rates of 4% for non-medical items and 5% for medical items, compounded annually.

The annuity payments are life-contingent. Petitioner counsel was Anne C.

Toale, and respondent counsel was Claudia B. Gangi.

The public decision does not describe the onset of symptoms, specific medical tests, or treatments. The specific life care planners engaged by the parties were Linda Curtis, RN, MS, CNLCP, CCM for the respondent, and James Patrick, PhD, CRC, CLCP and Pauline Patrick, DSW, LCSW, CRC, CLCP for the petitioner.