Marcie Mintz v. HHS - Influenza, transverse myelitis (2015)

Filed 2014-06-04Decided 2015-06-09Vaccine Influenza
compensated$290,000

Case summary [AI summaries can sometimes make mistakes]

Marcie Mintz filed a petition on June 4, 2014, under the National Vaccine Injury Compensation Program, alleging that she suffered from transverse myelitis as a result of receiving an influenza vaccination on November 17, 2012. She further alleged that she experienced residual effects or complications from this vaccine injury for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her condition or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite the denial, on May 13, 2015, the parties filed a joint stipulation agreeing to an award of compensation.

Special Master Nora Beth Dorsey adopted the stipulation, awarding Marcie Mintz a lump sum of $275,000.00 for all damages. On May 19, 2015, the parties filed a separate stipulation for attorneys' fees and costs, agreeing to a total award of $14,900.00, which Special Master Dorsey also approved.

The clerk was ordered to enter judgment in accordance with the terms of the parties' stipulations. Petitioner was represented by Tara O’Mahoney of the Law Offices of Chicago-Kent College of Law, and respondent was represented by Michael Milmoe of the United States Department of Justice.

The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation.

Theory of causation

Petitioner Marcie Mintz alleged that an influenza vaccine administered on November 17, 2012, caused her transverse myelitis and resulting residual effects or complications for more than six months. The respondent denied causation. The parties reached a stipulation for compensation, and Special Master Nora Beth Dorsey adopted this stipulation, awarding $275,000.00 in damages. A subsequent stipulation for attorneys' fees and costs totaling $14,900.00 was also approved by Special Master Dorsey. The specific theory of causation, medical experts, or detailed clinical information were not described in the public decision, which was based on a joint stipulation.

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