Tiffany Huettl v. HHS - Influenza, chronic osteomyelitis (2025)
Case summary [AI summaries can sometimes make mistakes]
On January 19, 2023, Tiffany Huettl, as the natural guardian and legal representative of her minor son, R.H., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that an influenza vaccine administered to R.H. on February 20, 2020, caused him to develop chronic osteomyelitis.
R.H. had a medical history including asthma, atopic dermatitis, and bronchiolitis due to RSV, but no prior issues with his left lower extremities. Four days after receiving the influenza vaccine in his left thigh, on February 24, 2020, R.H. began experiencing pain and swelling in his left knee, which extended up his thigh, accompanied by a fever that was unresponsive to Tylenol or ibuprofen.
The Department of Health and Human Services' Division of Injury Compensation Programs reviewed the medical records and determined that R.H.'s chronic osteomyelitis was more likely than not caused by the influenza vaccine. The Special Master, Christian J.
Moran, issued a ruling on September 6, 2023, finding R.H. entitled to compensation, acknowledging that the injury satisfied the statutory requirement of lasting at least six months or resulting in inpatient hospitalization and surgical intervention. Subsequently, on March 26, 2025, the respondent filed a Proffer on Award of Compensation, which the petitioner agreed to.
The court awarded R.H. a total of $155,589.40. This amount included $150,000.00 for pain and suffering, with any projected pain and suffering award reduced to net present value.
Additionally, $5,589.40 was awarded for first-year life care expenses. Future life care expenses will be covered by an annuity purchased by the respondent.
The annuity payments are contingent on R.H. remaining alive at the time a particular payment is due. The annuity payments are to be made to the petitioner, Tiffany Huettl, as R.H.'s court-appointed guardian or conservator, provided she submits documentation of her appointment.
If she is not authorized, payments will be made to the legally appointed guardian or conservator. The annuity payments will grow at a four percent annual rate for non-medical life care items and a five percent annual rate for medical life care items, compounded annually from the date of judgment.
The parties were represented by Lawrence R. Cohan of Saltz Mongeluzzi & Bendesky, PA, for the petitioner, and Jamica Marie Littles of the U.S.
Department of Justice, for the respondent. The decision was issued by Special Master Christian J.
Moran on April 21, 2025.
Theory of causation
Petitioner Tiffany Huettl alleged that an influenza vaccine administered on February 20, 2020, to her minor son, R.H., caused him to develop chronic osteomyelitis. R.H. experienced left knee pain and swelling four days post-vaccination, accompanied by fever. The Department of Health and Human Services' Division of Injury Compensation Programs determined that the chronic osteomyelitis was more likely than not caused by the vaccine, satisfying the statutory requirement for injury duration or severity. The Special Master, Christian J. Moran, ruled in favor of entitlement on September 6, 2023. A Proffer on Award of Compensation was filed on March 26, 2025, and agreed to by the petitioner. The award included $150,000.00 for pain and suffering and $5,589.40 for first-year life care expenses, with future life care expenses to be provided via a life-contingent annuity. The public decision does not detail the specific medical experts consulted, the mechanism of injury, or the specific diagnostic tests performed. Petitioner was represented by Lawrence R. Cohan and respondent by Jamica Marie Littles. The final decision and award were issued on April 21, 2025.
Source PDFs
USCOURTS-cofc-1_23-vv-00068