Stanley Jayne v. HHS - Influenza, neurological defects (2015)
Case summary [AI summaries can sometimes make mistakes]
Stanley Jayne filed a petition on September 22, 2015, alleging that he suffered neurological defects as a result of a flu vaccine administered on October 30, 2009. He further alleged that he suffered the residual effects or complications of his vaccine injury for more than six months.
The respondent did not object to an award of compensation. On June 26, 2015, the parties filed a stipulation agreeing to a decision awarding compensation.
On June 30, 2015, Chief Special Master Nora Beth Dorsey entered a decision awarding compensation based on the stipulation. On September 22, 2015, the parties filed a stipulation agreeing to a total award of attorneys' fees and costs in the amount of $52,800.00.
The decision grants this request, awarding $52,300 jointly to Mr. Jayne and his attorney, Elizabeth Martin Muldowney of Rawls, McNelis and Mitchell, PC, and $500 to Mr.
Jayne alone. The case was resolved via stipulation, and judgment was entered accordingly.
The public decision does not describe the specific neurological defects, onset, symptoms, diagnostic tests, treatments, or the mechanism of causation. The attorneys for the respondent were Lara Ann Englund of the United States Department of Justice.
Theory of causation
Petitioner Stanley Jayne alleged that he suffered neurological defects as a result of a flu vaccine administered on October 30, 2009, and that the residual effects or complications lasted for more than six months. The respondent did not object to compensation. The parties filed a stipulation agreeing to an award of attorneys' fees and costs in the amount of $52,800.00, which was approved by Chief Special Master Nora Beth Dorsey on October 13, 2015. The award consisted of $52,300 jointly to petitioner and his attorney, and $500 to petitioner alone. The public decision does not specify the theory of causation, the medical mechanism, or any expert testimony.
Source PDFs
USCOURTS-cofc-1_12-vv-00725