Lee E. Allen v. HHS - Influenza, transverse myelitis (TM) and/or neuromyelitis optica (NMO) (2014)

Filed 2014-09-05Decided 2014-09-05Vaccine Influenza
compensated$680,000

Case summary [AI summaries can sometimes make mistakes]

Petitioner Lee E. Allen filed a petition on September 5, 2014, alleging that he suffered from transverse myelitis (TM) and/or neuromyelitis optica (NMO) caused by an influenza vaccine he received on October 14, 2011.

He further alleged that he experienced residual effects from these conditions for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the petitioner's alleged injuries.

Despite the respondent's denial, the parties reached a stipulation to resolve the matter. Special Master Laura D.

Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded compensation.

The award included a lump sum of $400,000.00 payable to the petitioner and an additional $280,000.00 to purchase an annuity contract. Separately, on September 9, 2014, the parties filed a stipulation regarding attorneys' fees and costs.

Special Master Millman reviewed this stipulation and awarded $21,250.00 for attorneys' fees and costs, payable by check jointly to the petitioner and Maglio, Christopher & Toale, P.A. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the medical experts consulted by either party.

The specific mechanism of causation was not detailed in the public decision.

Theory of causation

Petitioner Lee E. Allen alleged that an influenza vaccine administered on October 14, 2011, caused him to develop transverse myelitis (TM) and/or neuromyelitis optica (NMO), with residual effects lasting over six months. The respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation, awarding compensation. The award included a lump sum of $400,000.00 to the petitioner and $280,000.00 for an annuity. Attorneys' fees and costs of $21,250.00 were awarded separately via stipulation. The public decision does not specify the medical experts, the proposed mechanism of injury, or the specific evidence considered to support or refute the theory of causation, other than the parties' agreement to settle.

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