Perry Cellana v. HHS - Influenza, autoimmune encephalitis and a seizure (2014)
Case summary [AI summaries can sometimes make mistakes]
Perry Cellana filed a petition on August 7, 2012, alleging that an influenza vaccination he received on October 7, 2009, a vaccine contained in the Vaccine Injury Table, caused him to suffer various neurological injuries including autoimmune encephalitis and a seizure, with residual effects lasting more than six months. Respondent denied that the flu vaccine caused petitioner's autoimmune encephalitis, seizure, or any other injury.
Nonetheless, both parties agreed in a joint stipulation filed May 20, 2014 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court.
Petitioner received a lump sum of $180,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Special Master Moran also awarded attorneys' fees of $21,946.86, payable jointly to petitioner and his counsel, Elizabeth Muldowney of Rawls, McNelis & Mitchell, plus $500.00 in personal costs payable to petitioner.
Theory of causation
Flu Oct 7, 2009 → autoimmune encephalitis + seizure (Table vaccine). Joint stipulation May 20, 2014; respondent denied causation; SM Moran. $180,000. Fees $21,946.86 + $500 personal (Muldowney, Rawls McNelis & Mitchell, Richmond VA).
Source PDFs
USCOURTS-cofc-1_12-vv-00491