Gabriel Vina-Quintana v. HHS - Influenza, brachial neuritis (2014)
Case summary [AI summaries can sometimes make mistakes]
Gabriel Vina-Quintana filed a petition alleging that an influenza vaccination he received on October 9, 2009 caused him to develop brachial neuritis, with residual effects lasting more than six months. On May 19, 2014, the parties filed a stipulation.
Respondent denied that the flu vaccination caused petitioner's brachial neuritis or any other injury. Nonetheless, the parties agreed to resolve the matter informally, and Special Master Millman found the stipulation reasonable and adopted it as the decision of the Court.
Petitioner received a lump sum of $465,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, $49.52 was awarded for reimbursement of the State of Michigan's Medicaid lien.
The parties also agreed on attorneys' fees and costs. Special Master Millman awarded $25,000.00 in fees and costs for petitioner's current counsel, Edward Kraus, and $7,500.00 for petitioner's former counsel, McKeen & Associates, for a total of $32,500.00.
Petitioner did not personally incur any out-of-pocket expenses.
Theory of causation
Flu vaccine Oct 9, 2009 → brachial neuritis. Joint stipulation May 19, 2014; respondent denied causation; SM Millman. $465,000. Medicaid lien $49.52 (Michigan). Fees $32,500 ($25,000 Kraus + $7,500 McKeen & Associates). decision_date corrected: '2014-05-19'→'2014-06-09' (granule 0 date_issued; DB had SM signed date).
Source PDFs
USCOURTS-cofc-1_11-vv-00585