John Monteith v. HHS - Influenza, transverse myelitis (2015)
Case summary [AI summaries can sometimes make mistakes]
John Monteith filed a petition on January 13, 2014, alleging that he suffered from transverse myelitis as a result of an influenza vaccine received on January 14, 2011, and that he experienced residual effects for more than six months. The respondent denied that the flu vaccine caused Mr.
Monteith's transverse myelitis or his current condition. Despite the respondent's denial, the parties filed a joint stipulation for damages on January 22, 2015.
Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Mr.
Monteith was awarded a lump sum of $250,000.00, payable to him, representing compensation for all damages. Subsequently, on February 11, 2015, the parties filed a stipulation for attorneys' fees and costs, which Special Master Dorsey also approved.
The total award for attorneys' fees and costs was $29,324.25. This amount was to be paid via two checks: one for $17,819.90 jointly payable to petitioner and Andrew Donald Downing and Hennelly & Steadman, PLC, and another for $11,504.35 jointly payable to petitioner and Andrew D.
Downing and Van Cott & Talamante, PLLC. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the medical experts consulted.
Judgment was entered in accordance with the terms of the parties' stipulations.
Theory of causation
Petitioner John Monteith alleged that he suffered from transverse myelitis as a result of an influenza vaccine received on January 14, 2011, and experienced residual effects for more than six months. Respondent denied that the vaccine caused the alleged injury. The case was resolved via a joint stipulation for damages and attorneys' fees and costs. The public text does not specify the theory of causation, medical experts, or the mechanism of injury. Petitioner was awarded $250,000.00 in damages and $29,324.25 for attorneys' fees and costs. Special Master Nora Beth Dorsey issued the decision on March 6, 2015, based on the stipulations. Attorneys for petitioner were Andrew Donald Downing of Van Cott & Talamante, PLLC, and Hennelly & Steadman, PLC. Attorney for respondent was Jennifer Reynaud of the United States Department of Justice.
Source PDFs
USCOURTS-cofc-1_14-vv-00030