Alfred Wade, Jr., as Personal Representative of the Estate of Elaine D. Wade v. HHS - Influenza, acute disseminating encephalomyelitis (ADEM) (2019)
Case summary [AI summaries can sometimes make mistakes]
Alfred Wade, Jr., as the Personal Representative of the Estate of Elaine D. Wade, filed a petition for compensation under the National Vaccine Injury Compensation Program on August 2, 2017.
The petition alleged that Elaine D. Wade developed acute disseminating encephalomyelitis (ADEM) after receiving influenza and pneumococcal conjugate (PCV13) vaccines on November 10, 2016.
The respondent, the Secretary of Health and Human Services, denied that the immunizations caused the alleged injury. Despite the denial, the parties reached a settlement agreement.
As part of the stipulation, the respondent agreed to pay a lump sum of $325,000.00, payable to Alfred Wade, Jr., as the legal representative of the estate. This amount was intended as compensation for all damages available under the program.
Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation in the agreed-upon amount. The decision was issued on April 11, 2019.
The public decision does not describe the specific onset of symptoms, clinical details of the illness, diagnostic tests performed, treatments administered, or the specific mechanism by which the vaccine allegedly caused the injury. The names of petitioner's counsel, Nancy Meyers, Esq., and respondent's counsel, Sarah Duncan, Esq., are noted in the decision.
Theory of causation
Petitioner alleged that Elaine D. Wade developed acute disseminating encephalomyelitis (ADEM) following vaccination with influenza and pneumococcal conjugate (PCV13) vaccines on November 10, 2016. The respondent denied causation. The parties reached a stipulation for settlement, and the Special Master adopted it. The public decision does not detail the specific theory of causation, medical experts, or evidence presented regarding the mechanism of injury. The settlement resulted in a lump sum award of $325,000.00 to the estate, representing compensation for all damages. The decision was issued by Special Master Mindy Michaels Roth on April 11, 2019. Petitioner's counsel was Nancy Meyers, Esq., and respondent's counsel was Sarah Duncan, Esq.
Source PDFs
USCOURTS-cofc-1_17-vv-01039