Javad Saeid v. HHS - Influenza, transverse myelitis and stroke (2017)

Filed 2012-08-30Decided 2017-01-17Vaccine Influenza
compensated$354,585cognitive/developmental

Case summary [AI summaries can sometimes make mistakes]

On August 30, 2012, Javad Saeid, as legal representative for a minor child, M.S., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that M.S. developed transverse myelitis (TM) and stroke as a result of an influenza vaccine received on August 31, 2009.

The respondent denied that the flu vaccine caused M.S.'s alleged TM and stroke, or any other injury, and further denied that her current disabilities were a sequela of a vaccine-related injury. Despite the contested nature of the claim, the parties reached a joint stipulation to settle the case.

Respondent agreed to pay $104,585.02 to reimburse a lien for services provided by TMHP/Medicaid, with the payment to be made jointly to the petitioner and TMHP/Medicaid. Additionally, respondent agreed to pay $250,000.00 as compensation for all remaining elements of damages.

The total award of $354,585.02 was to be paid to petitioner as guardian/conservator of the estate of M.S. Special Master Mindy Michaels Roth adopted the parties' stipulation and directed that judgment be entered accordingly.

The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses.

Theory of causation

Petitioner alleged that M.S. developed transverse myelitis and stroke as a result of an influenza vaccine received on August 31, 2009. Respondent denied causation. The parties reached a joint stipulation to settle the case, resulting in an award of $354,585.02, comprising $104,585.02 for reimbursement of a TMHP/Medicaid lien and $250,000.00 for all remaining damages. The public decision does not specify the theory of causation, mechanism, or any expert testimony. The case was settled via stipulation adopted by Special Master Mindy Michaels Roth on January 17, 2017.

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