Meryl Thibodeaux v. HHS - Influenza, arm pain, vomiting, nausea, tinnitus, vertigo, dizziness, loss of equilibrium, bruising (from falling), and hearing loss (2015)
Case summary [AI summaries can sometimes make mistakes]
On February 19, 2015, Meryl Thibodeaux filed a petition alleging that she developed arm pain, vomiting, nausea, tinnitus, vertigo, dizziness, loss of equilibrium, bruising from falling, and hearing loss as a result of receiving an influenza vaccine on November 15, 2010. She further alleged that these conditions resulted in residual effects lasting more than six months.
The respondent denied that the flu vaccine caused these conditions, except for hearing loss for more than six months. The parties reached a stipulation to resolve the matter.
Special Master Laura D. Millman adopted the stipulation, awarding Meryl Thibodeaux $20,000.00 for all damages and $7,500.00 for attorneys' fees and costs, for a total award of $27,500.00.
The award for damages was to be paid as a lump sum check made payable to the petitioner, and the award for attorneys' fees and costs was to be paid as a lump sum check made payable jointly to the petitioner and Cave Law Firm, L.L.C. The decision does not describe the specific onset of symptoms, clinical details, medical tests, treatments, or expert testimony.
Petitioner was represented by Michael L. Cave, and respondent was represented by Debra A.
Filteau Begley.
Theory of causation
Petitioner Meryl Thibodeaux alleged that an influenza vaccine administered on November 15, 2010, caused arm pain, vomiting, nausea, tinnitus, vertigo, dizziness, loss of equilibrium, bruising from falling, and hearing loss, with residual effects lasting more than six months. Respondent denied causation for most conditions, except for hearing loss for more than six months. The parties reached a stipulation to resolve the case. The Special Master adopted the stipulation, awarding $20,000.00 for damages and $7,500.00 for attorneys' fees and costs, totaling $27,500.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The award was based on a stipulation between petitioner Meryl Thibodeaux, represented by Michael L. Cave, and respondent, represented by Debra A. Filteau Begley, with Special Master Laura D. Millman issuing the decision on February 19, 2015.
Source PDFs
USCOURTS-cofc-1_13-vv-00891