Eduardo Rosas v. HHS - Influenza, transverse myelitis (2017)
Case summary [AI summaries can sometimes make mistakes]
Eduardo Rosas filed a petition on November 5, 2012, alleging that an influenza (flu) vaccination he received on August 16, 2011, a vaccine contained in the Vaccine Injury Table, caused him to develop Transverse Myelitis (TM) and/or the significant aggravation of TM, with residual effects lasting more than six months. Mr.
Rosas died on August 3, 2013. Petitioner further alleged that Mr.
Rosas' death was a sequela of his vaccine-related injury. On April 10, 2015, Jenny Rosas was substituted as legal representative of the Estate of Eduardo Rosas.
Respondent denied that the influenza vaccine caused petitioner's injury and/or death. Nonetheless, the parties agreed to settle the case.
On July 27, 2017, the parties filed a joint stipulation agreeing to the settlement terms. Special Master Roth adopted the stipulation as the decision of the Court.
The Estate received a lump sum of $150,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a), payable to Jenny Rosas as Legal Representative of the Estate of Eduardo Rosas.
Theory of causation
Flu (Table) Aug 16, 2011 → TM / significant aggravation of TM; Eduardo Rosas died Aug 3, 2013 (alleged vaccine sequela). Jenny Rosas substituted as PR Apr 10, 2015. Joint stipulation Jul 27, 2017; SM Roth. $150,000 (Kalinowski, Maglio Christopher & Toale, Washington DC). All DB fields correct.
Source PDFs
USCOURTS-cofc-1_12-vv-00754