Kimberly Draeger v. HHS - Influenza, acute disseminated encephalomyelitis (ADEM) (2024)
Case summary [AI summaries can sometimes make mistakes]
Kimberly Draeger filed a petition on December 31, 2019, alleging that an influenza vaccine administered on September 14, 2017, caused acute disseminated encephalomyelitis. The public stipulation materials do not provide a detailed neurologic treatment narrative.
Respondent denied that Ms. Draeger's alleged ADEM or residual effects were caused-in-fact by the flu vaccine, and denied that the vaccine caused any other injury or current condition.
The parties nevertheless resolved the case by stipulation. Special Master Sanders adopted the stipulation on October 15, 2024.
Ms. Draeger received a lump-sum injury award of $179,606.00 for all damages available under the Vaccine Act.
A later fee decision concerned attorney fees and costs only. She was represented by Scott B.
Taylor of Urban & Taylor, S.C. in Milwaukee, Wisconsin.
Theory of causation
Influenza vaccine on September 14, 2017 allegedly causing acute disseminated encephalomyelitis (ADEM). COMPENSATED by stipulation, not by admitted causation. Respondent denied vaccine causation, residual effects, other injury, and current sequelae. Public stipulation gives limited clinical detail. Petition filed December 31, 2019; decision by SM Sanders on October 15, 2024. Award $179,606 lump sum. Later fee award was attorney compensation only. Attorney: Scott B. Taylor, Urban & Taylor, S.C., Milwaukee WI.