Wilma Reed v. HHS - Influenza, cellulitis and neurologic injuries (2015)
Case summary [AI summaries can sometimes make mistakes]
On September 11, 2012, Wilma Reed filed a petition under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on or about September 18, 2009, caused her to develop cellulitis and neurologic injuries, with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on August 9, 2013, conceding that the flu vaccine caused petitioner's cellulitis but denying that it caused her neurologic injuries or any other injury.
Despite this disagreement, both parties filed a joint stipulation on April 6, 2015, to settle the case. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.
Petitioner Wilma Reed was awarded a lump sum of $150,000.00, payable to her, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was issued on April 28, 2015.
Petitioner was represented by Ronald C. Homer of Conway, Homer & Chin-Caplan, P.C., and respondent was represented by Amy P.
Kokot of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, clinical details of the injuries, diagnostic tests performed, or treatments received.
No specific medical experts were named in the public decision.
Theory of causation
Petitioner Wilma Reed alleged that an influenza vaccine received on September 18, 2009, caused cellulitis and neurologic injuries. Respondent conceded in its August 9, 2013 Rule 4(c) Report that the flu vaccine caused the cellulitis but denied causation for the neurologic injuries. The parties reached a joint stipulation on April 6, 2015, to resolve the case. Chief Special Master Nora Beth Dorsey approved the stipulation, awarding petitioner $150,000.00 as a lump sum. The public decision does not detail the specific mechanism of injury, expert testimony, or the specific medical evidence considered for either the conceded cellulitis or the denied neurologic injuries. The decision date was April 28, 2015. Petitioner's counsel was Ronald C. Homer, and respondent's counsel was Amy P. Kokot.
Source PDFs
USCOURTS-cofc-1_12-vv-00591