Alexys Hebert v. HHS - Influenza, transverse myelitis (2021)

Filed 2014-02-07Decided 2021-02-08Vaccine Influenza
compensated$349,883

Case summary [AI summaries can sometimes make mistakes]

Alexys Hebert filed a petition for compensation under the National Vaccine Injury Compensation Program on February 7, 2014, alleging she developed transverse myelitis (TM) after receiving an influenza vaccine on January 13, 2011. The respondent denied that the flu vaccine caused petitioner's alleged TM or any other injury, and further denied that petitioner's current disabilities were sequelae of a vaccine-related injury.

Despite the denials, the parties reached a settlement. On January 12, 2021, they filed a joint stipulation outlining the settlement terms.

Respondent agreed to issue payments totaling $349,883.35, intended to cover first-year life care expenses, pain and suffering, and past unreimbursable expenses. Additionally, respondent agreed to provide an amount sufficient to purchase an annuity contract for future damages, as described in the stipulation.

Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation on these terms. The decision was filed on February 8, 2021.

Petitioner was represented by John Jefcoat, Esq., and respondent was represented by Gabrielle Fielding, Esq. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of injury.

Theory of causation

Petitioner Alexys Hebert alleged transverse myelitis (TM) following an influenza vaccine on January 13, 2011. Respondent denied causation. The parties settled the case via joint stipulation filed January 12, 2021. The settlement included a lump sum of $349,883.35 for first-year life care expenses, pain and suffering, and past unreimbursable expenses, plus an amount for an annuity contract covering future damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation on February 8, 2021. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.

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