Brad Colvis v. HHS - Influenza, acute necrotizing myopathy, polymyositis (2015)

Brad Colvis filed a petition on October 28, 2013, under the National Vaccine Injury Compensation Program, alleging that he developed acute necrotizing myopathy and polymyositis as a result of receiving an influenza vaccine on or about November 16, 2010. He further alleged that he experienced residual effects from this injury for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused the alleged injuries. Despite the denial, the parties reached a joint stipulation for damages and attorneys' fees and costs, which Special Master Thomas L.

Gowen adopted as the court's decision. The stipulation awarded Mr.

Colvis compensation consisting of an amount sufficient to purchase an annuity contract for benefits described in the stipulation, and a lump sum of $643,053.00 for all damages. Additionally, Mr.

Colvis and his attorney, Matthew J. Devoti, Esq., were awarded $35,853.00 for attorneys' fees and costs.

The parties waived their right to seek review of the decision. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.