Melanie A. Frampton v. HHS - Influenza, paresthesias, a myelopathy, and/or myelitis (2015)
Case summary [AI summaries can sometimes make mistakes]
Melanie A. Frampton filed a petition for compensation on November 12, 2013, alleging that a trivalent influenza vaccine she received on or about November 12, 2010, caused her to develop paresthesias, a myelopathy, and/or myelitis, with residual effects lasting more than six months.
The respondent denied that the vaccine caused the alleged injuries. The parties subsequently filed a joint stipulation on January 8, 2015, to settle the case.
Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
Petitioner was awarded a lump sum of $70,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs were addressed in a separate stipulation filed on March 13, 2015.
Respondent did not object to the requested amount for fees and costs. Special Master Moran awarded a total of $17,101.14 for attorneys' fees and costs, payable to petitioner and her attorney, Jeffrey Golvash.
The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of injury. Petitioner was represented by Jeffrey Golvash of Brennan, Robins & Daley, P.C., and respondent was represented by Ryan Pyles of the U.S.
Department of Justice.
Theory of causation
Petitioner Melanie A. Frampton alleged that a trivalent influenza vaccine administered on or about November 12, 2010, caused paresthesias, myelopathy, and/or myelitis, with residual effects lasting more than six months. Respondent denied causation. The parties entered into a joint stipulation on January 8, 2015, resolving the claim. Special Master Christian J. Moran adopted the stipulation, awarding $70,000.00 in compensation for all damages under 42 U.S.C. § 300aa-15(a). A separate stipulation on March 13, 2015, addressed attorneys' fees and costs, with Special Master Moran awarding $17,101.14 to petitioner and her counsel, Jeffrey Golvash, as respondent did not object. The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the alleged injury or its link to the vaccine.
Source PDFs
USCOURTS-cofc-1_13-vv-00892