E.A. v. HHS - Influenza, pityriasis lichenoides chronica (2023)
Case summary [AI summaries can sometimes make mistakes]
On December 19, 2018, Dennis and Bonnie Andric, as parents of the minor E.A., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. They alleged that E.A. developed pityriasis lichenoides chronica (PLC) as a result of an influenza vaccine administered on November 2, 2017.
The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused E.A.'s PLC or any other injury, and denied that her condition was a sequela of a vaccine-related injury. Despite maintaining their respective positions, both parties agreed to settle the case.
Special Master Katherine E. Oler reviewed the joint stipulation filed on January 10, 2023, found it to be reasonable, and adopted it as the court's decision.
The stipulation awarded E.A. a lump sum of $30,240.48, payable to her estate, as compensation for all damages available under the program. Additionally, a lump sum of $59.52 was awarded to reimburse a Medicaid lien for services rendered to E.A. by the State of New Jersey, payable jointly to the petitioners and the Treasurer, State of New Jersey.
The decision was entered on February 3, 2023. The public decision does not describe E.A.'s specific clinical presentation, onset of symptoms, diagnostic tests, treatments, or the specific mechanism by which the vaccine allegedly caused the condition.
The names of petitioner counsel were Ronald Craig Homer and respondent counsel was Joseph Lewis.
Theory of causation
Petitioners alleged that E.A. suffered from pityriasis lichenoides chronica (PLC) as a result of an influenza vaccine received on November 2, 2017. Respondent denied that the flu vaccine caused E.A.'s alleged PLC or any other injury. The parties stipulated to a settlement, and the Special Master adopted the stipulation as the decision. The stipulation awarded a lump sum of $30,240.48 for all damages and $59.52 for a Medicaid lien reimbursement. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The decision was entered on February 3, 2023, by Special Master Katherine E. Oler, with Ronald Craig Homer representing petitioners and Joseph Lewis representing respondent.
Source PDFs
USCOURTS-cofc-1_18-vv-01938