M.S. v. HHS - Influenza, transverse myelitis (2020)

Scott and Misty Skiles, parents of M.S., a minor, filed a petition for vaccine compensation on October 16, 2018, alleging that an influenza vaccine M.S. received on October 30, 2015, caused her to develop transverse myelitis (TM) and experience residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused M.S.'s TM or any other injury.

The parties filed a stipulation for award on November 13, 2019. As part of the stipulation, the parties agreed that a decision should be entered awarding compensation to the petitioners.

The public decision does not describe the specific onset of symptoms, medical examinations, or treatments M.S. underwent. The public decision also does not name any medical experts for either party or detail a specific mechanism of injury.

The stipulation outlined a total award of $150,763.96. This amount comprised $5,763.96 for past unreimbursable expenses, payable to Scott Skiles and Misty Skiles, and $145,000.00 for all remaining damages, payable to Scott Skiles and Misty Skiles as M.S.'s guardian(s)/conservator(s).

Payment of the $145,000.00 was contingent upon the petitioners providing documentation of their appointment as M.S.'s legal guardians or conservators. The case was settled as a Table claim, indicating that the injury is presumed to be vaccine-related under the National Vaccine Injury Table.

Special Master Herbrina Sanders issued a decision on January 10, 2020, adopting the stipulation and ordering judgment to be entered accordingly. The petitioners, represented by Ronald C.

Homer of Conway Homer P.C., also agreed to submit to further proceedings for attorneys' fees and costs. The stipulation included a release of all claims against the United States and the Secretary of Health and Human Services related to the alleged injury from the flu vaccine.

The respondent was represented by Sarah C. Duncan, Trial Attorney, Torts Branch, Civil Division, U.S.

Department of Justice.