Montez Petronelli v. HHS - Influenza, Guillain-Barré Syndrome (2016)
Case summary [AI summaries can sometimes make mistakes]
Montez Petronelli filed a petition on May 12, 2016, alleging a vaccine injury. The case proceeded to a damages hearing on February 10, 2016, before Special Master Thomas L.
Gowen. Ms.
Petronelli had received an influenza vaccine in October 2010 and subsequently developed Guillain-Barré Syndrome, which resulted in her complete disability from professional employment. The Special Master found that Ms.
Petronelli, a former corporate attorney, would have returned to the practice of law had she not been injured. The decision details the calculation of damages awarded for past and future lost wages, past pain and suffering, past expenses, and various life care items.
Petitioner's vocational expert, Dr. Staci Schonbrun, was found to be more credible than respondent's expert, Mr.
Edward Bennett. Ms.
Petronelli was awarded $2,225,000.00 for past and future lost wages, based on an estimated entry-level salary in 2011 and projected increases until her expected retirement age of sixty-four and a half. The award for past pain and suffering was $250,000.00.
Past unreimbursable expenses totaled $8,344.64. Life care items awarded included Anthem Silver Pathway HMO premiums, co-pays for neurologist treatment, therapeutic massage, acupuncture, a cane, a scooter, a bath chair, a lift chair, a seat belt pull, a button hook/zipper pull, and home care services.
The Special Master addressed complex issues regarding the rate of reduction to present value, tax offsets, wage growth, and fringe benefits. After considering expert reports from Dr.
Patrick Kennedy for the respondent and George McLaughlin for the petitioner, and reviewing current U.S. Treasury bond rates, the Special Master determined a 1% discount rate for future wage loss and a 3.7% wage growth rate.
A 10% fringe benefit rate was applied. The total award, after adjustments for tax offsets, fringe benefits, and reduction to present value, was $2,969,925.05.
The Special Master ordered the award to be paid as a lump sum, finding Ms. Petronelli, as an adult with professional experience, capable of managing the funds.
Petitioner was represented by Ronald C. Homer of Conway Homer & Chin-Caplan, P.C., and respondent was represented by Michael P.
Milmoe of the United States Department of Justice. The decision was issued on June 7, 2016.
Theory of causation
Montez Petronelli received an influenza vaccine in October 2010 and subsequently developed Guillain-Barré Syndrome, leading to her complete disability. The Special Master found that Ms. Petronelli was substantially and permanently disabled secondary to the flu vaccine and Guillain-Barré Syndrome. The specific mechanism of causation was not detailed in the provided text, but the Special Master was persuaded that the injury was a result of the vaccine. The case proceeded to a damages hearing, and the Special Master awarded a total of $2,969,925.05, including past and future lost wages, past pain and suffering, past expenses, and life care items. Petitioner's vocational expert was Dr. Staci Schonbrun, and respondent's vocational expert was Mr. Edward Bennett. Economic experts included Dr. Patrick Kennedy for the respondent and George McLaughlin for the petitioner, who provided reports on issues of present value, tax offsets, wage growth, and fringe benefits. Special Master Thomas L. Gowen issued the decision on damages on June 7, 2016. Petitioner was represented by Ronald C. Homer, and respondent by Michael P. Milmoe.
Source PDFs
USCOURTS-cofc-1_12-vv-00285