Leo Damon Jr. v. HHS - Influenza, neuromyelitis optica spectrum disorder (2023)

On September 30, 2019, Leo Damon Jr. (later represented by his mother, Joanne Damon, as personal representative of his estate) filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that the influenza, Tdap, and Prevnar vaccinations received on January 19, 2017, caused Mr.

Damon to develop neuromyelitis optica spectrum disorder (NMO). Mr.

Damon passed away on February 14, 2021, and the petition also alleged that his death was a sequela of the vaccine-related injury. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused Mr.

Damon's alleged NMO, any other injury, or his death. Despite maintaining their respective positions, the parties reached a joint stipulation to settle the case.

Special Master Katherine E. Oler reviewed the file and found the stipulation to be reasonable, adopting it as her decision.

The stipulation awarded a lump sum of $250,000.00, payable by check to Joanne Damon as the legal representative of Leo Damon Jr.'s estate. This award is intended as compensation for all damages available under the program.

The decision notes that the parties may submit to further proceedings to award reasonable attorneys' fees and costs. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted.

The stipulation also states that it is not an admission by the United States or the Secretary that the vaccines caused Mr. Damon's condition or death.