Christian Matthew Hayes v. HHS - Varicella, active disseminated vaccine-strain varicella infection, with subsequent permanent scarring (2019)
Case summary [AI summaries can sometimes make mistakes]
Christian Matthew Hayes filed a petition for vaccine injury compensation on June 6, 2018, alleging that he suffered an active disseminated vaccine-strain varicella infection with subsequent permanent scarring as a result of receiving a varicella vaccine on July 25, 2016. The respondent filed a Rule 4(c) report on May 9, 2019, conceding that the petitioner met the statutory requirements for entitlement to compensation and satisfied all legal prerequisites for compensation under the Vaccine Act.
Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on May 14, 2019, finding that the petitioner was entitled to compensation. Subsequently, on June 14, 2019, the respondent filed a Proffer on Award of Compensation, recommending an award of $75,000.00, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a).
The petitioner agreed with this proffered award. On September 11, 2019, Chief Special Master Dorsey issued a decision awarding Christian Matthew Hayes a lump sum payment of $75,000.00, payable directly to him, as compensation for all damages.
Petitioner counsel was Samantha P. Travis, and respondent counsel was Colleen Clemons Hartley.
Theory of causation
Petitioner Christian Matthew Hayes received a varicella vaccine on July 25, 2016, and subsequently suffered an active disseminated vaccine-strain varicella infection with permanent scarring. The respondent conceded entitlement to compensation, finding that the petitioner met all legal prerequisites under the National Vaccine Injury Compensation Program. The case proceeded to damages, and the respondent filed a proffer recommending an award of $75,000.00, which represented all elements of compensation available under 42 U.S.C. § 300aa-15(a). The petitioner agreed with this award. Chief Special Master Nora Beth Dorsey issued a decision on September 11, 2019, awarding the lump sum of $75,000.00 to the petitioner. The specific theory of causation, medical experts, or mechanism of injury were not detailed in the provided public text, but the injury was categorized as a 'Table Injury' and 'Varicella Vaccine-Strain Viral Reactivation'.
Source PDFs
USCOURTS-cofc-1_18-vv-00804