Lavada M. Hodd v. HHS - Influenza, erythema multiforme and a cutaneous drug eruption (2022)
Case summary [AI summaries can sometimes make mistakes]
Lavada M. Hodd filed a petition on June 5, 2019, seeking compensation under the National Vaccine Injury Compensation Program.
Petitioner alleged that she developed erythema multiforme and a cutaneous drug eruption caused by an influenza vaccine she received on September 21, 2017. The respondent denied that the flu vaccination caused Petitioner's alleged injuries or any ongoing symptoms.
Despite maintaining their respective positions, both parties agreed to settle the case through a joint stipulation filed on November 23, 2021. Special Master Katherine E.
Oler reviewed the file and found the stipulation to be reasonable, adopting its terms as the decision. The stipulation awarded Petitioner a lump sum of $75,000.00, payable by check to Petitioner, as compensation for all available damages under 42 U.S.C. § 300aa-15(a).
The case proceeded as an off-Table claim. Petitioner was represented by Jason Whitley of Novitzke, Gust, Sempf & Whitley, and Respondent was represented by Debra Begley of the U.S.
Department of Justice. The decision was issued on January 12, 2022.
Theory of causation
Petitioner Lavada M. Hodd alleged that an influenza vaccine received on September 21, 2017, caused her to develop erythema multiforme and a cutaneous drug eruption. Respondent denied causation. The parties entered into a joint stipulation to settle the case, agreeing that a decision should be entered awarding compensation. The case was treated as an off-Table claim. Special Master Katherine E. Oler adopted the stipulation, awarding Petitioner $75,000.00 in a lump sum. The public decision does not detail the specific medical experts, clinical findings, onset, symptoms, treatments, or the precise mechanism of causation relied upon by the parties in their stipulation. The attorneys involved were Jason Whitley for Petitioner and Debra Begley for Respondent. The decision date was January 12, 2022.
Source PDFs
USCOURTS-cofc-1_19-vv-00828