Gregory Hood v. HHS - Influenza, brachial neuritis (2014)
Case summary [AI summaries can sometimes make mistakes]
On September 27, 2013, Gregory Hood filed a petition under the National Vaccine Injury Compensation Program alleging that he developed brachial neuritis as a result of receiving an influenza ("flu") vaccine. The Secretary of Health and Human Services, the respondent, denied that the flu vaccine caused Petitioner's brachial neuritis or any related medical problems.
Despite maintaining their respective positions, both parties agreed to a joint stipulation filed on May 23, 2014, to settle the case. Special Master Brian H.
Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the Court. The stipulation awarded Petitioner a total of $252,256.36.
This amount included a lump sum payment of $2,256.36 to satisfy a Vermont Medicaid lien, with a check payable jointly to the petitioner and the Department of Vermont Health Access. Petitioner was to endorse this payment to the Department.
Additionally, a lump sum of $250,000.00 was awarded, payable to Petitioner Gregory Hood, representing compensation for all remaining damages available under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs were addressed in a separate stipulation filed on June 5, 2014.
Special Master Corcoran approved a lump sum of $18,586.81 for attorneys' fees and costs, payable jointly to Petitioner and his counsel, Christopher J. Maley of Maley and Maley, PLLC.
The public decision does not describe the specific date of vaccination, the onset of symptoms, specific medical tests performed, or the treatment received. Petitioner was represented by Christopher J.
Maley of Maley and Maley, PLLC, and Respondent was represented by Heather Pearlman of the U.S. Department of Justice.
Theory of causation
Petitioner Gregory Hood alleged that an influenza ("flu") vaccine caused him to develop brachial neuritis. The respondent denied causation. The parties reached a joint stipulation on May 23, 2014, to settle the claim, which was adopted by Special Master Brian H. Corcoran. The stipulation resulted in an award of $252,256.36, comprising $2,256.36 for a Vermont Medicaid lien and $250,000.00 for all remaining damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $18,586.81 were awarded separately via a stipulation on June 5, 2014, to Christopher J. Maley of Maley and Maley, PLLC. The specific vaccination date, onset of symptoms, medical tests, treatment, or expert testimony are not detailed in the provided public text.
Source PDFs
USCOURTS-cofc-1_13-vv-00748