Evelyne Eiche v. HHS - Influenza, exacerbated an underlying peripheral neuropathy (2015)
Case summary [AI summaries can sometimes make mistakes]
Evelyne Eiche filed a petition on December 26, 2013, alleging that an influenza vaccine administered on September 18, 2012, exacerbated an underlying peripheral neuropathy. Ms.
Eiche claimed to have experienced residual effects from this condition for more than six months following the vaccination. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated any injury.
Despite the respondent's denial, the parties reached a joint stipulation for damages. Special Master Nora Beth Dorsey reviewed and adopted this stipulation, awarding Ms.
Eiche a lump sum of $85,000.00 as compensation for all available damages. This award was to be paid via check to the petitioner.
Subsequently, on August 7, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Special Master Dorsey approved this second stipulation, agreeing to a total award of $12,683.53 for attorneys' fees and costs.
This amount was to be paid via check jointly to Ms. Eiche and her attorney, Franklin John Caldwell, Jr., of Maglio, Christopher & Toale, PA.
The case was resolved through these stipulated settlements, and judgment was entered accordingly. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted by either party.
The specific mechanism by which the vaccine allegedly exacerbated the peripheral neuropathy is also not detailed in the public decision.
Theory of causation
Petitioner Evelyne Eiche alleged that an influenza vaccine received on September 18, 2012, exacerbated an underlying peripheral neuropathy, with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation for damages, which Special Master Nora Beth Dorsey adopted on February 10, 2015, awarding $85,000.00 in a lump sum for all damages. Petitioner was represented by Franklin John Caldwell, Jr. of Maglio, Christopher & Toale, PA, and respondent was represented by Gordon Elliot Shemin of the United States Department of Justice. A subsequent stipulation on August 7, 2015, approved by Special Master Dorsey, awarded $12,683.53 for attorneys' fees and costs, payable jointly to petitioner and her counsel. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.
Source PDFs
USCOURTS-cofc-1_13-vv-01020