Elmia Walker v. HHS - Hepatitis B, lichen planus (2020)
Case summary [AI summaries can sometimes make mistakes]
Elmia Walker filed a petition for compensation under the National Vaccine Injury Program on March 8, 2018, alleging that she suffered from lichen planus as a result of receiving Hepatitis B vaccinations. Ms.
Walker received three doses of the Hepatitis B vaccine on September 9, 2016, October 31, 2016, and March 20, 2017. The respondent, the Secretary of Health and Human Services, denied that the Hepatitis B vaccines caused petitioner's condition.
However, the parties reached a stipulation to settle the matter. The stipulation, dated August 7, 2020, provided for a lump sum award of $30,000.00 to compensate Ms.
Walker for all damages. Special Master Thomas L.
Gowen adopted the stipulation and awarded the compensation in a decision dated August 10, 2020. Ms.
Walker, represented by Carol L. Gallagher, agreed to release the United States from further claims related to these vaccinations.
The respondent was represented by Mary E. Holmes.
The decision notes that it is unpublished and will be posted on the court's website unless redactions are requested.
Theory of causation
Petitioner Elmia Walker received Hepatitis B vaccinations on September 9, 2016, October 31, 2016, and March 20, 2017, and alleged that she suffered from lichen planus as a result. The Hepatitis B vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties entered into a stipulation for award, agreeing to settle the issues. The stipulation provided for a lump sum of $30,000.00 to compensate petitioner for all damages. Special Master Thomas L. Gowen adopted the stipulation and awarded the compensation on August 10, 2020. Petitioner was represented by Carol L. Gallagher, and respondent was represented by Mary E. Holmes. The stipulation explicitly states that it is not an admission by the United States or the Secretary of Health and Human Services that the vaccines caused petitioner's condition.
Source PDFs
USCOURTS-cofc-1_18-vv-00366