Harry Wilmore v. HHS - Influenza, acute demyelinating encephalomyelitis (ADEM) (2021)

Harry Wilmore filed a petition on December 21, 2017, alleging that the influenza vaccine he received on August 17, 2016, caused him to suffer acute demyelinating encephalomyelitis (ADEM) with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's ADEM or any other injury.

The parties subsequently filed a joint stipulation for compensation. Special Master Christian J.

Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The award includes a lump sum payment of $191,872.19, payable to the petitioner, to cover first-year life care expenses, pain and suffering, and past unreimbursable expenses.

Additionally, an amount sufficient to purchase an annuity contract, as described in the stipulation, was awarded and paid to the life insurance company from which the annuity will be purchased. These amounts represent compensation for all damages available under the program.

Petitioner was represented by Lawrence R. Cohen of Saltz Mongeluzzi & Bendesky, and respondent was represented by Adriana R.

Teitel of the United States Department of Justice. The decision was filed on November 3, 2021.