Gwendolyn Murphy v. HHS - Influenza, neurological demyelinating injury (2017)
Case summary [AI summaries can sometimes make mistakes]
On January 24, 2017, Gwendolyn Murphy filed a petition alleging that she suffered a neurological demyelinating injury caused by her receipt of an influenza vaccine on October 15, 2009. Ms.
Murphy further alleged that she experienced residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner to suffer from a neurological demyelinating injury or any other injury.
The parties, however, reached a stipulation to resolve the matter informally. Special Master Laura D.
Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Gwendolyn Murphy a lump sum of $200,000.00, representing reimbursement for all damages available under the National Vaccine Injury Compensation Program.
The award was to be paid by check to Ms. Murphy.
The decision was issued on January 24, 2017. Petitioner was represented by Ed Kraus, and respondent was represented by Alexis B.
Babcock.
Theory of causation
Petitioner Gwendolyn Murphy alleged a neurological demyelinating injury caused by an influenza vaccine received on October 15, 2009, with residual effects lasting more than six months. Respondent denied causation. The parties reached an informal settlement via stipulation, which Special Master Laura D. Millman found reasonable and adopted. The decision does not detail the specific theory of causation, medical experts, onset, symptoms, tests, or treatments. The award was a lump sum of $200,000.00, representing all damages available under the program. The decision date was January 24, 2017. Petitioner's counsel was Ed Kraus, and respondent's counsel was Alexis B. Babcock.
Source PDFs
USCOURTS-cofc-1_12-vv-00666