Melvin McGinnis v. HHS - Influenza, disorder of immune and neurological systems (2016)

Filed 2014-01-06Decided 2016-01-15Vaccine Influenza
compensated$972,302

Case summary [AI summaries can sometimes make mistakes]

On January 6, 2014, Melvin McGinnis filed a petition under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on October 25, 2011, caused him to develop a disorder of his immune and neurological systems. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the petitioner's condition.

On January 15, 2016, the parties filed a joint stipulation agreeing to an award of compensation. The stipulation detailed a lump sum payment of $972,302.71, which covered first-year life care expenses ($134,029.58), lost earnings ($584,499.13), pain and suffering ($250,000.00), and past unreimbursable expenses ($3,774.00).

The parties also agreed to an amount sufficient to purchase an annuity contract. Petitioner was represented by Danielle A.

Strait of Maglio Christopher and Toale, PA, and Respondent was represented by Lisa A. Watts of the United States Department of Justice.

Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Judgment was to be entered in accordance with the terms of the stipulation.

Theory of causation

Petitioner Melvin McGinnis alleged that an influenza vaccine administered on October 25, 2011, caused a disorder of his immune and neurological systems. The respondent denied causation. The parties filed a joint stipulation for compensation on January 15, 2016. The stipulation awarded a lump sum of $972,302.71, covering first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, plus an amount for an annuity. Special Master Lisa Hamilton-Fieldman adopted the stipulation as the decision of the Court. The specific medical theory of causation, onset, symptoms, diagnostic tests, treatments, and expert testimony are not described in the provided public text. Petitioner counsel was Danielle A. Strait, and respondent counsel was Lisa A. Watts.

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