Thomas O’Keeffe v. HHS - Influenza, Transverse Myelitis (2015)
Case summary [AI summaries can sometimes make mistakes]
Thomas O’Keeffe filed a petition on October 29, 2013, alleging that an influenza vaccine he received on December 8, 2010, caused him to develop Transverse Myelitis (TM) with residual effects lasting more than six months. The respondent denied that the flu vaccine caused petitioner's TM or any other injury.
The parties subsequently agreed to a joint stipulation filed on September 16, 2014, to settle the case. Special Master Christian J.
Moran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. As part of the stipulation, Mr.
O'Keeffe was awarded a lump sum payment of $400,000.00, payable by check to Thomas O'Keeffe. This amount was intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a).
The public decision does not describe the specific onset of symptoms, clinical details of the TM, diagnostic tests performed, treatments received, or the specific mechanism by which the vaccine allegedly caused the injury. The names of petitioner's counsel were Ronald C.
Homer of Conway, Homer & Chin-Caplan, and respondent's counsel was Lisa A. Watts of the U.S.
Department of Justice.
Theory of causation
Petitioner Thomas O'Keeffe alleged that an influenza vaccine received on December 8, 2010, caused him to develop Transverse Myelitis (TM) with residual effects lasting more than six months. The respondent denied causation. The parties entered into a joint stipulation on September 16, 2014, which was adopted by Special Master Christian J. Moran. The stipulation resulted in a compensation award of $400,000.00. The public decision does not detail the specific medical mechanism, expert testimony, or evidence presented regarding causation, other than the allegation that the influenza vaccine, which is listed on the Vaccine Injury Table, caused the TM. Petitioner's counsel was Ronald C. Homer; respondent's counsel was Lisa A. Watts.
Source PDFs
USCOURTS-cofc-1_13-vv-00847