S.M. v. HHS - Hepatitis B, transverse myelitis (2022)

On July 10, 2017, Martin and Amy McGrail, as parents and natural guardians of their minor daughter S.M., filed this action seeking compensation under the National Vaccine Injury Compensation Program. They alleged that a Hepatitis B vaccine administered to S.M. on July 14, 2014, caused her to develop transverse myelitis (TM).

S.M. was born on October 1, 2013. Three days after vaccination, on July 17, 2014, S.M. developed fever, lethargy, and difficulty breathing, leading to hospitalization.

Initial diagnoses considered included TM, acute disseminated encephalomyelitis, botulism, Guillain-Barré syndrome, tick paralysis, and myasthenia gravis. MRI and CSF studies were consistent with TM, and she was treated with Solumedrol and later Plasmapheresis.

Despite treatment and rehabilitation, S.M. was left profoundly quadriplegic with spasticity. The parties stipulated that S.M. suffered from TM, and the case proceeded to a damages award.

Chief Special Master Brian H. Corcoran issued a ruling on entitlement on April 23, 2021, finding that Petitioners were entitled to a damages award.

The parties subsequently agreed on a settlement amount. On August 15, 2022, Chief Special Master Corcoran issued a decision on the proffered award, granting a total compensation of $2,093,116.37.

This included a lump sum of $601,438.32 for trust seed funds, a lump sum of $1,307,233.09 for pain and suffering and future lost earnings, and a lump sum of $123,444.66 for past unreimbursable expenses, along with an amount for an annuity contract. Petitioner's counsel was Jeffrey S.

Pop. Respondent's counsel was Christine Becer.