L.C. v. HHS - MMR, acute disseminated encephalomyelitis (ADEM) (2024)
Case summary [AI summaries can sometimes make mistakes]
On September 23, 2019, Sabrina and Wayne Compton filed a petition on behalf of their minor child, L.C., alleging that L.C. suffered injuries from the Measles, Mumps, Rubella (MMR) and Varicella vaccines administered on April 18, 2018. Petitioners alleged that L.C. experienced symptoms including full body urticaria, gait imbalance, left-sided weakness, and brain MRI findings consistent with acute disseminated encephalomyelitis (ADEM).
The respondent denied that the vaccines caused L.C.'s condition. The parties reached a joint stipulation for damages, which Special Master Daniel T.
Horner adopted. The initial award, entered on April 14, 2023, included a lump sum of $683,147.35 for life care expenses, partial lost future earnings, and pain and suffering; $5,000.00 for past unreimbursable expenses; and $33,299.43 to reimburse a Florida Medicaid lien.
The stipulation also detailed a complex annuity for future expenses, including various medical, therapy, and equipment costs, with payments increasing at a rate of three percent compounded annually. On February 27, 2024, Special Master Horner granted a motion to amend the judgment to correct an overpayment of the Florida Medicaid lien.
This correction resulted in an additional award of $24,319.12, to be returned to the Department of Health and Human Services. The total compensation awarded, accounting for this correction, was $721,446.77.
Petitioners were represented by Diana Stadelnikas of Maglio Christopher and Toale, PA. Respondent was represented by Christine Becer and later Lara A.
Englund of the U.S. Department of Justice.
Source PDFs
USCOURTS-cofc-1_19-vv-01455