Donna Summer v. HHS - Influenza, central and autonomic nervous system impairment (2016)
Case summary [AI summaries can sometimes make mistakes]
On January 28, 2014, Donna Summer filed a petition with the National Vaccine Injury Compensation Program, alleging that she suffered a central and autonomic nervous system impairment as a result of receiving an influenza vaccine on October 16, 2013. Petitioner further alleged that Mrs.
Summer experienced residual effects from this condition for more than six months. Mrs.
Summer died in a car accident in May 2016. Her husband, David Summer, subsequently entered the case as successor in interest and amended the petition.
The Respondent denied that the influenza vaccine caused Mrs. Summer's alleged condition.
Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on September 12, 2016. Special Master Brian H.
Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision. The stipulation awarded Petitioner, as the legal representative of the Estate of Donna Summer, a lump sum of $20,000.00 for all damages.
The decision was issued on November 2, 2016. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.
Petitioner was represented by Andrew Donald Downing of Van Cott & Talamante, PLLC, and Respondent was represented by Michael Patrick Milmoe of the U.S. Department of Justice.
Theory of causation
Donna Summer received an influenza vaccine on October 16, 2013. She allegedly suffered a central and autonomic nervous system impairment with residual effects for more than six months. The Respondent denied causation. The parties reached a settlement via stipulation filed September 12, 2016, and a decision was issued by Special Master Brian H. Corcoran on November 2, 2016, awarding Petitioner, as successor in interest to Donna Summer's estate, $20,000.00 in a lump sum for all damages. The specific theory of causation, medical experts, and mechanism of injury were not detailed in the public decision, which was resolved by stipulation. Petitioner's counsel was Andrew Donald Downing, and Respondent's counsel was Michael Patrick Milmoe.
Source PDFs
USCOURTS-cofc-1_14-vv-00079