Jill Buchignani-Calwhite v. HHS - Influenza, Transverse Myelitis (2015)
Case summary [AI summaries can sometimes make mistakes]
Jill Buchignani-Calwhite filed a petition on August 25, 2014, alleging that she suffered Transverse Myelitis (TM) as a result of receiving an influenza vaccine on or about November 2, 2012. She further alleged that she experienced residual effects of her injury for more than six months.
Respondent denied that the flu vaccination caused petitioner's TM or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury. Nevertheless, the parties filed a joint stipulation on damages on December 2, 2015.
The Special Master, Thomas L. Gowen, found the stipulation reasonable and adopted it as the decision of the Court.
The stipulation awarded Jill Buchignani-Calwhite a lump sum of $125,000.00, payable to her, for all damages. The decision was entered on December 28, 2015.
Petitioner was represented by Diana Stadelnikas Sedar of Maglio Christopher & Toale, PA, and respondent was represented by Glenn A. MacLeod of the United States Department of Justice.
Theory of causation
Petitioner Jill Buchignani-Calwhite alleged that an influenza vaccine administered on or about November 2, 2012, caused her to suffer Transverse Myelitis (TM) with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation on damages, which was approved by Special Master Thomas L. Gowen on December 28, 2015. The stipulation resulted in an award of $125,000.00 to petitioner. The public decision does not describe the specific theory of causation, medical experts, onset of symptoms, diagnostic tests, treatments, or the mechanism of injury.
Source PDFs
USCOURTS-cofc-1_14-vv-00775