Janae Leann Boyd v. HHS - Influenza, transverse myelitis (2015)

Filed 2013-09-03Decided 2015-02-05Vaccine Influenza
compensated$250,000

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 February 13, 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.

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