Gracie Clements v. HHS - HPV, osteomyelitis (2024)

On May 23, 2023, Gracie Clements filed a petition on behalf of her minor son, P.A.C., alleging that a human papillomavirus (HPV) vaccine administered on March 1, 2022, caused P.A.C. to suffer from osteomyelitis. The respondent, the Secretary of Health and Human Services, filed a report on February 2, 2024, conceding that P.A.C. developed left shoulder osteomyelitis, which was more likely than not caused by the administration of the HPV vaccine at the same location.

The respondent further stated that no other causes for the osteomyelitis were identified and that the injury lasted for at least six months, satisfying the statutory requirements for compensation. The respondent concluded that Petitioner had met all legal prerequisites for compensation under the National Childhood Vaccine Injury Act of 1986, limiting the scope of damages to osteomyelitis of P.A.C.'s left shoulder and its related sequelae.

On February 12, 2024, Special Master Herbrina Sanders issued a ruling on entitlement, finding that Petitioner was entitled to compensation based on the respondent's concession and a review of the record. The case then proceeded to the damages phase.

On June 24, 2024, the parties filed a joint stipulation and proffer regarding the award of compensation. Special Master Sanders adopted this proffer in her decision on July 30, 2024.

The award included a lump sum payment of $140,000.00 for pain and suffering, payable to Gracie Clements as guardian/conservator of P.A.C. This payment was contingent upon Petitioner providing documentation of her appointment as guardian/conservator.

Additionally, a lump sum of $377.32 was awarded for past unreimbursable expenses, payable to Petitioner. Finally, a lump sum of $20,355.60 was awarded to satisfy a Health Management Systems (HMS) of Alabama Medicaid lien, payable jointly to Petitioner and the Alabama Medicaid Subrogation Unit.

The total award amounted to $160,732.32. Petitioner was represented by Milton C.

Ragsdale, IV of Ragsdale, LLC, and Respondent was represented by Zoe Wade of the U.S. Department of Justice.

The Special Master presiding over the case was Herbrina Sanders.