Chelsea Engel v. HHS - DTaP, transverse myelitis (2022)
Case summary [AI summaries can sometimes make mistakes]
On March 29, 2018, Chelsea Engel filed a petition under the National Vaccine Injury Compensation Program on behalf of her minor child, A.E. The petition alleged that A.E. suffered transverse myelitis as a result of receiving diphtheria-tetanus-acellular pertussis (DTaP), inactivated poliovirus (IPV), Hepatitis B (Hep B), and pneumococcal conjugate (PCV) vaccines on February 15, 2016.
Respondent denied that the vaccines caused A.E.'s transverse myelitis or any other injury. However, the parties reached a stipulation for compensation.
Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the court's decision on December 16, 2022. The award included a lump sum of $18,839.43, payable to Chelsea Engel as guardian or conservator of A.E.'s estate for A.E.'s benefit, representing first-year life care expenses.
The stipulation also provided for an amount sufficient to purchase an annuity for future vaccine-injury-related expenses. This annuity was to cover various future costs, including unreimbursable insurance maximum out-of-pocket expenses, Medicare expenses, protective ointment and Tylenol, walker and shower equipment, grab bars, waterproof bedding, incontinence supplies, vehicle modifications, and scooter lift expenses, with specified annual amounts and growth rates.
The public decision did not state the annuity purchase price. Petitioner was represented by Maximillian J.
Muller of Muller Brazil, LLP, and respondent was represented by Voris Edward Johnson of the U.S. Department of Justice.
Theory of causation
Petitioner alleged that A.E., a minor, suffered transverse myelitis (TM) caused-in-fact by DTaP, IPV, Hep B, and PCV vaccines received on February 15, 2016. Respondent denied causation. The case was resolved by stipulation, with compensation awarded. The award included a lump sum of $18,839.43 for first-year life care expenses, plus an unpriced annuity for future expenses such as insurance/Medicare costs, medical supplies, mobility aids, incontinence supplies, and vehicle modifications. Special Master Nora Beth Dorsey issued the decision on December 16, 2022. Petitioner's attorney was Maximillian J. Muller of Muller Brazil, LLP, and respondent's attorney was Voris Edward Johnson.
Source PDFs
USCOURTS-cofc-1_18-vv-00461