Lisa Sabel v. HHS - Influenza, transverse myelitis (2014)

Filed 2014-05-28Decided 2014-07-11Vaccine Influenza
compensated$137,500

Case summary [AI summaries can sometimes make mistakes]

Petitioner Lisa Sabel filed a petition on May 28, 2014, alleging that she received a seasonal influenza vaccine on September 16, 2011, which caused her to develop transverse myelitis (TM) and suffer residual effects for more than six months. Respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged TM or any other injury.

The parties, represented by Scott B. Taylor for the petitioner and Gordon E.

Shemin for the respondent, reached a stipulation to resolve the case. Special Master Laura D.

Millman reviewed the stipulation and found its terms to be reasonable. On May 28, 2014, the court adopted the stipulation and awarded Lisa Sabel $137,500.00 in compensation for all damages.

This award was to be paid as a check made payable to petitioner. Subsequently, on July 11, 2014, the parties filed a separate stipulation regarding attorneys' fees and costs.

Petitioner asserted no out-of-pocket expenses. After informal discussions where respondent raised objections to certain items in the initial request, petitioner amended her request to $16,774.26.

Respondent did not object to this revised amount. Special Master Millman found the amount reasonable and awarded $16,774.26 for attorneys' fees and costs.

This award was to be paid as a check made payable jointly to petitioner and Urban & Taylor, S.C.

Theory of causation

Petitioner Lisa Sabel alleged that a September 16, 2011, seasonal influenza vaccine caused her to develop transverse myelitis (TM) and suffer residual effects for more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation, awarding $137,500.00 for all damages. Attorneys' fees and costs were subsequently stipulated and awarded at $16,774.26. The public decision does not describe the specific mechanism of causation, expert testimony, onset, symptoms, diagnostic tests, or treatments.

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