Timothy Wallace, Jr. v. HHS - Tdap, acute disseminated encephalomyelitis (ADEM) and sixth cranial nerve palsy (2025)
Case summary [AI summaries can sometimes make mistakes]
On October 17, 2019, Timothy Wallace and Jennifer Wallace filed a petition for Timothy Wallace, Jr., who had not yet reached the age of majority. The petition alleged that Timothy suffered a neurologic injury, including acute disseminated encephalomyelitis and a sixth cranial nerve palsy, after Tdap and meningococcal (Menactra) vaccinations on October 24, 2016 and influenza and human papillomavirus vaccinations on November 8, 2016.
The public decision establishes that he was a minor when the case began, but it does not state his exact age at vaccination. Respondent denied that the vaccines caused ADEM, the cranial nerve palsy, any other injury, or Timothy's current condition.
The public stipulation decision does not describe his first neurologic symptoms, diagnostic testing, hospitalization, treatment, residual deficits, or expert opinions. Special Master Nora Beth Dorsey adopted the parties' stipulation on January 14, 2025.
The award included $1,500.00 for past unreimbursable expenses payable to Timothy and Jennifer Wallace and $83,500.00 for an annuity, for a total injury-compensation award of $85,000.00. A later October 7, 2025 decision addressed attorneys' fees and costs only.
Theory of causation
Minor at filing; exact age at vaccination not stated. Tdap + Menactra October 24, 2016 and influenza + HPV November 8, 2016; alleged ADEM and sixth cranial nerve palsy. COMPENSATED by stipulation. Respondent denied causation and sequelae; public merits text lacks clinical chronology. Award $85,000.00 = $1,500.00 expenses + $83,500.00 annuity. SM Dorsey January 14, 2025. Petition filed October 17, 2019.
Source PDFs
USCOURTS-cofc-1_19-vv-01623