C.R. v. HHS - DTaP, transverse myelitis (2020)

Filed 2018-07-03Decided 2020-12-22Vaccine DTaP
compensated$168,072

Case summary [AI summaries can sometimes make mistakes]

On July 3, 2018, Shauna and Cody Rhyne, parents of C.R., a minor, filed a petition for compensation under the National Childhood Vaccine Injury Act. They alleged that a series of vaccines administered on December 1, 2015, including diphtheria, tetanus, acellular pertussis (DTaP); hepatitis B; inactivated polio (IPV); influenza (flu); pneumococcal conjugate (Prevnar 13); and rotavirus (RotaTeq), caused their child to suffer transverse myelitis (TM).

The petition stated that C.R. experienced residual effects from this injury for more than six months and that no prior award or settlement had been made for this condition. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused or significantly aggravated C.R.'s alleged injury or that the child's condition resulted from a vaccine-related injury.

Despite the respondent's denial, the parties reached a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran as the decision of the Court.

The stipulation awarded a total of $168,072.00 in damages. This amount included $8,000.00 for past unreimbursable expenses, $72.11 to reimburse a Medicaid lien, and $160,000.00 for all remaining damages.

The decision was filed on November 25, 2020, and the final judgment was entered on December 22, 2020. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of injury.

The attorneys involved were Ronald C. Homer for the petitioners and Mollie D.

Gorney for the respondent.

Theory of causation

Petitioners alleged that the DTaP, Hepatitis B, IPV, influenza, pneumococcal conjugate, and rotavirus vaccines administered on December 1, 2015, caused C.R. to suffer transverse myelitis (TM), with residual effects lasting more than six months. The respondent denied causation. The case was resolved via a joint stipulation for compensation, adopted by Special Master Christian J. Moran on November 25, 2020, and judgment entered December 22, 2020. The stipulation awarded $168,072.00 ($8,000.00 for past unreimbursable expenses, $72.11 for a Medicaid lien, and $160,000.00 for all remaining damages). The theory of causation was based on the Vaccine Injury Table. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings.

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