A.B. v. HHS - Influenza, transverse myelitis (2022)

Ashley Borders and Matthew Byler, on behalf of their minor child A.B., filed a petition on April 11, 2019, alleging that A.B. suffered from transverse myelitis as a result of receiving influenza and hepatitis B vaccinations on September 17, 2017. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused A.B.'s alleged injuries.

The parties reached a stipulation for an award of compensation. The stipulation included a lump sum of $138,400.00 for first-year life care expenses and pain and suffering, payable to A.B.'s guardian(s).

Additionally, a lump sum of $6,739.76 was awarded for past unreimbursable expenses, payable to the parents, Ashley Borders and Matthew Byler. A further lump sum of $1,619.01 was designated for reimbursement of a lien for services rendered, payable jointly to the parents and the Ohio Department of Health.

The stipulation also provided for an amount sufficient to purchase an annuity contract. Special Master Thomas L.

Gowen adopted the stipulation and awarded compensation accordingly, with judgment to be entered as per the terms of the stipulation on July 1, 2022. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

Petitioner counsel was Anne Carrion Toale, and respondent counsel was Colleen Clemons Hartley.