Current Pending and Published U.S. Vaccine Cases

In the United States anyone who believes that they have suffered from a vaccine related may file a claim with the US court of Federal claims under the National Act, 42 U.S.C. § 300aa-1 et seq.

In order to prove a claim the court relies on a three prong causation analysis defined in  Althen v. Secretary of Health & Human Services, 418 F.3d at 1278. The burden on the petitioner is to demonstrate that the brought about injury by providing (1) a medical theory causally connecting the vaccination and the injury; (2) a logical sequence of cause and effect showing that the vaccination was the reason for the injury; and (3) a showing of a proximate temporal relationship between vaccination and injury.”

Some of the current cases currently being debated in the US court of Federal claims are listed below and the full pdf versions can be accessed here.  The list includes the case of  I.D. V. [04-1593V] a recent published decision which awarded damages based on the petitioner’s allegations that a dose of the caused I.D. to develop .

The award includes  a of $1,076,412.15 representing compensation for life expected to be incurred during the first year after judgment ($40,357.92), lost future earnings ($838,566.45), pain and suffering ($194,580.48), and past unreimbursable expenses ($2,907.30), in the form of a check payable to petitioner;  The award also includes and amount sufficient to purchase an that will provide payments for life care items contained in a defined life care plan.

06/25/2013 Special Master Campbell-Smith MARIAN UNDERWOOD, as parent of and legal representative of the Estate of CESAR ZACHARY MORENO, deceased V. SECRETARY OF HEALTH AND HUMAN SERVICES [00-357V] Attorneys’ Fees and Cost; Attorney is Family Member; Attorney is not Admitted to Bar of Court of Federal Claims
06/21/2013 Special Master Campbell-Smith LAMONA DODD, parent of S.S., a minor V. SECRETARY OF HEALTH AND HUMAN SERVICES [09-585V] Entitlement, Seizure Disorder, Epilepsy, MMR Vaccination, Insufficient Proof of Causation
06/21/2013 Special Master Vowell JEFFREY TOMPKINS, as personal representative of the estate of William Bruce Tompkins, deceased V. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES [10-261V] Guillain-Barre Syndrome; GBS; Upper Respiratory Infection’ IOM Reports; Alternate Cause; Timing; Non-Table Vaccines; Tetanus Vaccine; Case Reports; VAERS Data and Research
06/12/2013 Special Master Campbell-Smith JOANN MOSTOVOY and VADIM MOSTOVOY, in their own right and as best friends of their son, VJM V. SECRETARY OF HEALTH AND HUMAN SERVICES [02-10V] Discovery; Vaccine Rule 7; Original Research Study; Vaccine Safety Datalink
06/07/2013 Special Master Hamilton-Fieldman DEMETRICE MATHIS, parent of N.M., a minor V. SECRETARY OF HEALTH AND HUMAN SERVICES [09-467V] Show Cause Order; Results of Genetic Testing for SCN1A Mutation; Diphtheria Tetanus Acellular Pertussis (DTaP) Vaccine; Dravet Syndrome
06/06/2013 Special Master Campbell-Smith MARIA CARRINO, Spouse and Executrix of the Estate of SAMUEL CARRINO V. SECRETARY OF HEALTH AND HUMAN SERVICES [08-266V] Influenza Vaccine; Alleged Guillian-Barré Syndrome; Documented Diagnosis of Coronary Artery Occlusion With Cerebral Infarction; Weight of Record Evidence Contravenes Claimed Injury
05/31/2013 Special Master Zane KATEA D. STITT, as Personal Representative of the Estate of PAMELA WANGA STITT V. SECRETARY OF HEALTH AND HUMAN SERVICES [09-653V] Entitlement; trivalent influenza vaccine; Guillain-Barré Syndrome (GBS); Campylobacter jejuni; death.
05/30/2013 Special Master Moran CHERYL KOEHN, as mother and next friend of VANESSIA KOEHN V. SECRETARY OF HEALTH AND HUMAN SERVICES [11-355V] Entitlement; HPV vaccine (Gardasil), systemic juvenile idiopathic arthritis (sJIA)
05/30/2013 Special Master Zane BRETT ALLEN V. SECRETARY OF HEALTH AND HUMAN SERVICES [11-51V] Interim attorneys’ fees and costs; Withdrawal of counsel; Protracted proceedings; Undue hardship
05/28/2013 Special Master Hastings MILDRED LAWRENCE V. SECRETARY OF HEALTH AND HUMAN SERVICES [09-435V] Vaccine Act; Attorneys’ Fees; Reasonable Basis for Claim
05/24/2013 Special Master Campbell-Smith MICHAEL STEPHEN SHAW v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES [01-0707V] Hepatitis B Vaccine; Small Nerve Fiber Neuropathy; Finding of Entitlement to Compensation
05/14/2013 Special Master Moran DONALD R. MASIAS V. SECRETARY OF HEALTH AND HUMAN SERVICES [99-697V] Attorneys’ fees and costs; reasonable hourly rate; reasonable number of hours; supplemental request
05/14/2013 Special Master Moran I.D. V. SECRETARY OF HEALTH AND HUMAN SERVICES [04-1593V] Damages, attendant care, lost earning capacity, emotional distress
05/10/2013 Special Master Moran DOUG PALUCK and RHONDA PALUCK, as parents and natural guardians on behalf of their minor son, KARL PALUCK V. SECRETARY OF HEALTH AND HUMAN SERVICES [07-889V] Entitlement; significant aggravation mitochondrial disorder; decision on remand
05/06/2013 Special Master Millman DAVID A. BROWN V. SECRETARY OF HEALTH AND HUMAN SERVICES [09-426V] Final application for attorneys’ fees and costs; reasonable hours; supplemental decision
05/03/2013 Judge Lettow DOUG PALUCK and RHONDA PALUCK, as parents and natural guardians on behalf of their minor son, KARL PALUCK V. SECRETARY OF HEALTH AND HUMAN SERVICES [07-889V] Vaccine case; petitioners’ challenge to a special master’s failure to act on a remanded vaccine case within the statutorily specified time; 42 U.S.C. § 300aa-12(e)(2)(C); absence of mandatory remedy
04/26/2013 Special Master Moran I.D. V. SECRETARY OF HEALTH AND HUMAN SERVICES [04-1593V] Damages; decision based on proffer; hepatitis B vaccine; chronic fatigue syndrome
04/08/2013 Special Master Millman DAVID A. BROWN V. SECRETARY OF HEALTH AND HUMAN SERVICES [09-426V] Final Application for Attorneys’ Fees and Costs; Reasonable Hours
03/25/2013 Judge Sweeney CYNTHIA LA LONDE, parent of M.L., a minor V. SECRETARY OF HEALTH AND HUMAN SERVICES [06-435V] Vaccine Act; Motion for Review; DTaP Vaccine; Anaphylactic Reaction; Focal Brain Injury; Neurological Injuries; Althen; Causation-in-Fact; Consideration of Petitioner’s Affidavit; Expert Credibility; Consideration of Evidence Deemed Irrelevant
03/24/2013 Special Master Zane WILLIAM J. VOGLER V. SECRETARY OF HEALTH AND HUMAN SERVICES [11-424V] Preapproval of Hourly Rate; Reasonable Hourly Rate; Expert Rate

 

 

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