Alia J. Stone v. HHS - Hepatitis B, acute disseminated encephalomyelitis (2021)
Case summary [AI summaries can sometimes make mistakes]
Alia J. Stone filed a petition for vaccine compensation on May 3, 2018, alleging that the meningococcal and/or Hepatitis B vaccination caused her to develop acute disseminated encephalomyelitis (ADEM).
The Special Master, Mindy Michaels Roth, noted that to receive compensation under the Program, a petitioner must prove either a "Table Injury" corresponding to the vaccination or that the injury was actually caused by a vaccine. Additionally, the petitioner must satisfy a "severity requirement." This requirement can be met by demonstrating residual effects of the alleged injury for more than six months after vaccination, or by showing the injury resulted in inpatient hospitalization and surgical intervention.
The medical records and evidence submitted in Ms. Stone's case did not demonstrate that she suffered residual effects of the alleged ADEM for more than six months after vaccination, nor that the injury required inpatient hospitalization and surgical intervention.
Consequently, Ms. Stone did not meet the Program's severity requirement and was found ineligible for compensation.
The case was dismissed on February 24, 2021, with judgment entered accordingly. Nancy Meyers, Esq., represented the petitioner, and Mary E.
Holmes, Esq., represented the respondent.
Theory of causation
Petitioner Alia J. Stone alleged that the meningococcal and/or Hepatitis B vaccination caused her to develop acute disseminated encephalomyelitis (ADEM). The case was dismissed by Special Master Mindy Michaels Roth on February 24, 2021, because the petitioner failed to meet the Program's severity requirement. The evidence did not demonstrate residual effects of the alleged ADEM for more than six months post-vaccination, nor did it show that the injury required inpatient hospitalization and surgical intervention. The public decision does not describe the specific vaccine dates, petitioner's age at vaccination, specific symptoms, medical tests, treatments, or the mechanism of injury. No specific experts were named in the public decision. Petitioner's counsel was Nancy Meyers, Esq., and respondent's counsel was Mary E. Holmes, Esq. The case was dismissed, and no award was granted.
Source PDFs
USCOURTS-cofc-1_18-vv-00634