Lisa N. Button v. HHS - Influenza, transverse myelitis (2014)

Filed 2013-11-12Decided 2014-11-10Vaccine Influenza
compensated$120,000

Case summary [AI summaries can sometimes make mistakes]

Lisa N. Button filed a petition on November 12, 2013, alleging that an influenza vaccine she received on September 24, 2011, caused her to suffer transverse myelitis (TM) with residual effects lasting more than six months.

Respondent denied that the flu vaccine caused petitioner's TM or any other injury. On October 8, 2014, the parties filed a joint stipulation 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 $120,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner's counsel, Diana L.

Stadelnikas Sedar of Maglio, Christopher & Toale, was awarded attorneys' fees and costs totaling $10,400.00. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the medical experts consulted.

The decision was issued on November 10, 2014.

Theory of causation

Petitioner Lisa N. Button alleged that an influenza vaccine received on September 24, 2011, caused transverse myelitis (TM) with residual effects lasting more than six months. Respondent denied causation. The parties entered into a joint stipulation on October 8, 2014, which Special Master Christian J. Moran adopted as the decision of the Court. Petitioner was awarded $120,000.00 for all damages under 42 U.S.C. § 300aa-15(a) and $10,400.00 for attorneys' fees and costs. The public decision does not detail the specific mechanism of causation, expert testimony, or the medical evidence presented, relying instead on the joint stipulation for resolution. The decision date was November 10, 2014. Petitioner was represented by Diana L. Stadelnikas Sedar of Maglio, Christopher & Toale, and Respondent was represented by Julia McInerny of the United States Department of Justice.

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