Eduardo Rosas v. HHS - Influenza, transverse myelitis (2017)

Filed 2012-11-05Decided 2017-08-22Vaccine Influenza
compensated$150,000death

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.

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