M.R. v. HHS - Influenza, narcolepsy (2015)
Case summary [AI summaries can sometimes make mistakes]
Gail Ross and Catherine McDowell, parents of M.R., a minor, filed a petition on January 30, 2014, alleging that an influenza vaccine administered on November 18, 2011, caused M.R. to develop narcolepsy. The petition stated that M.R. suffered residual effects for more than six months.
Respondent denied that the vaccine caused the narcolepsy or any other injury. The parties reached a stipulation, which Special Master Christian J.
Moran adopted as the decision of the Court. The stipulation awarded M.R.'s estate a lump sum of $213,045.24 for all damages and an additional $16,954.76 to Gail Ross and Catherine McDowell for past unreimbursable expenses, totaling $230,000.
The case was treated as a Table claim. Petitioners were represented by Ronald Craig Homer of Conway, Homer & Chin-Caplan, P.C., and Respondent was represented by Heather Pearlman of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Judgment was to be entered according to the decision and stipulation.
Theory of causation
Petitioners alleged that an influenza vaccine administered on November 18, 2011, caused M.R. to develop narcolepsy, with residual effects lasting more than six months. Respondent denied causation. The case was treated as a Table claim. The parties reached a stipulation, which Special Master Christian J. Moran adopted. The stipulation awarded a total of $230,000, consisting of $213,045.24 for all damages to M.R.'s estate and $16,954.76 for past unreimbursable expenses to Gail Ross and Catherine McDowell. The public decision does not detail the specific mechanism of causation, expert testimony, or the evidence considered in the stipulation. Petitioners' counsel was Ronald Craig Homer, and Respondent's counsel was Heather Pearlman. The decision date was October 20, 2015.
Source PDFs
USCOURTS-cofc-1_14-vv-00090