Diana M. Dobbs v. HHS - Influenza, allergic encephalomyelitis and/or post-vaccination neuropathy (2017)

Diana M. Dobbs filed a petition on October 12, 2012, seeking compensation under the National Vaccine Injury Compensation Program.

She alleged that a trivalent influenza vaccination received on or about October 12, 2009, caused her to develop allergic encephalomyelitis and/or post-vaccination neuropathy. The respondent denied that the flu vaccination caused the petitioner's alleged injuries.

Despite the denial, the parties reached a settlement agreement. On July 18, 2017, they filed a joint stipulation outlining the terms of the settlement.

Special Master Mindy Michaels Roth adopted the stipulation as the decision of the court. Under the terms of the settlement, petitioner Diana M.

Dobbs received a lump sum payment of $150,000.00, intended as compensation for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, the respondent issued a separate lump sum payment of $5,394.16 to reimburse a Louisiana Medicaid lien.

This reimbursement was payable jointly to the petitioner and the Louisiana Department of Health, with the petitioner agreeing to endorse the payment to the State of Louisiana. The public decision does not describe the petitioner's specific onset of symptoms, clinical course, diagnostic tests, treatments, or the specific mechanism of injury.

Petitioner was represented by Jessica Hayes, Esq., of the Murray Law Firm, and respondent was represented by Glenn MacLeod, Esq., of the U.S. Department of Justice.