Lauren Wilkins v. HHS - Influenza, Acute Disseminated Encephalomyelitis (“ADEM”) (2022)

Filed 2017-12-01Decided 2022-04-14Vaccine Influenza
compensated$136,802cognitive/developmental

Case summary [AI summaries can sometimes make mistakes]

Lauren Wilkins filed a petition for compensation under the National Vaccine Injury Compensation Program on December 1, 2017, alleging that she suffered Acute Disseminated Encephalomyelitis (ADEM) after receiving an influenza vaccine. She further alleged that she experienced residual effects from her condition for more than six months, that there had been no prior award or settlement of a civil action for damages, and that her vaccine was administered in the United States.

The respondent denied that the flu vaccine caused petitioner's ADEM, slurred speech, difficulty speaking, facial drooping, poor coordination, weakness, and constant imbalance, or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation for damages on March 15, 2022.

Special Master Daniel T. Horner found the stipulation reasonable and adopted it as the decision of the Court.

Pursuant to the stipulation, Lauren Wilkins was awarded a lump sum of $136,802.49, payable to petitioner, as compensation for all items of damages. Petitioner was represented by David C.

Richards of Christensen & Jensen, P.C., and respondent was represented by Katherine Carr Esposito of the U.S. Department of Justice.

Theory of causation

Petitioner Lauren Wilkins alleged that she suffered Acute Disseminated Encephalomyelitis (ADEM) following an influenza vaccine. The respondent denied that the flu vaccine caused petitioner's ADEM or any other injury. The parties filed a joint stipulation for damages, and Special Master Daniel T. Horner awarded petitioner $136,802.49. The public decision does not describe the specific theory of causation, onset, symptoms, medical tests, treatments, or expert witnesses. The award was based on a joint stipulation for damages.

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