Janae Leann Boyd v. HHS - Influenza, transverse myelitis (2015)
Case summary [AI summaries can sometimes make mistakes]
On September 3, 2013, Eric Scott Boyd and Naomi Nicole Boyd, on behalf of their minor child Janae Leann Boyd, filed a petition for compensation. They alleged that the Trivalent influenza vaccine administered to Janae on January 14, 2013, caused her to suffer transverse myelitis, with residual effects lasting more than six months.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Janae's alleged injuries. The parties subsequently reached a joint stipulation of fact, which Special Master Christian J.
Moran adopted as the Court's decision. Under this stipulation, Janae Leann Boyd was awarded a lump sum of $250,000.00 for all damages, payable to her guardians/conservators.
On February 11, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Petitioners' counsel, Andrew D.
Downing, initially submitted an application for fees and costs, to which the respondent raised objections. Following discussions, petitioners amended their application to request $38,025.87, an amount to which the respondent did not object.
Special Master Christian J. Moran awarded this amount for attorneys' fees and litigation costs.
The total compensation awarded to Janae Leann Boyd was $288,025.87. The decision on damages was issued on February 5, 2015, and the decision on fees and costs was issued on March 12, 2015.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. The attorneys involved were Andrew D.
Downing for the petitioners and Jennifer L. Reynaud for the respondent.
Theory of causation
Petitioners alleged that the Trivalent influenza vaccine administered on January 14, 2013, to minor Janae Leann Boyd caused her to suffer transverse myelitis, a condition listed in the Vaccine Injury Table, with residual effects lasting more than six months. The respondent denied causation. The parties reached a stipulation of fact, and the Special Master adopted it. The public text does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the theory of causation. The case resulted in a compensated outcome based on the stipulation. Damages awarded were $250,000.00 for all damages, plus $38,025.87 for attorneys' fees and costs, totaling $288,025.87. Special Master Christian J. Moran issued the decisions on February 5, 2015 (damages) and March 12, 2015 (fees). Petitioners' counsel was Andrew D. Downing, and respondent's counsel was Jennifer L. Reynaud.
Source PDFs
USCOURTS-cofc-1_13-vv-00634