Mary-Lou A. Green v. HHS - Influenza, polyneuropathy (2015)
Case summary [AI summaries can sometimes make mistakes]
Mary-Lou A. Green filed a petition on November 18, 2013, alleging that an influenza vaccine administered on November 8, 2010, caused her to develop polyneuropathy.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Ms. Green's condition or any subsequent injuries.
Despite the denial, the parties reached a joint stipulation on December 29, 2014, to resolve the case. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the court's decision.
Under the terms of the stipulation, Ms. Green was awarded a lump sum of $80,000.00 as compensation for all damages available under 42 U.S.C. § 300aa-15(a).
Separately, attorneys' fees and costs totaling $15,000.00 were awarded to Petitioner's counsel, Woodruff Lee Carroll of Carroll & Carroll Lawyers, P.C. The decision does not detail the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted by either party.
The public decision does not describe the specific mechanism by which the flu vaccine allegedly caused the polyneuropathy.
Theory of causation
Petitioner Mary-Lou A. Green alleged that an influenza vaccine received on November 8, 2010, caused her to develop polyneuropathy. The respondent denied causation. The parties filed a joint stipulation on December 29, 2014, agreeing to a settlement. Special Master Lisa Hamilton-Fieldman adopted the stipulation, awarding Petitioner $80,000.00 in compensation for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $15,000.00 were awarded separately to Woodruff Lee Carroll of Carroll & Carroll Lawyers, P.C. The public decision does not detail the specific medical experts, clinical findings, or the proposed mechanism of causation, other than the general allegation of vaccine-induced polyneuropathy.
Source PDFs
USCOURTS-cofc-1_13-vv-00911