Eva M. Kinkaid v. HHS - Influenza, transverse myelitis (2015)
Case summary [AI summaries can sometimes make mistakes]
Eugenia Webb, as Administrator and Legal Representative of the Estate of Eva M. Kinkaid, filed a petition for compensation on September 23, 2014, on behalf of the estate of Eva M.
Kinkaid. The petition alleged that Ms.
Kinkaid received an influenza vaccine on November 3, 2011, which caused her to develop transverse myelitis (TM). The petition further alleged that Ms.
Kinkaid's death on October 17, 2014, was a sequela of this alleged vaccine-related injury. The respondent, the Secretary of Health and Human Services, denied that the influenza immunization caused Ms.
Kinkaid's TM, any other injury, or her death. Despite the respondent's denial, the parties reached a joint stipulation for compensation.
Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
The stipulation awarded a lump sum of $115,000.00, payable by check to petitioner Eugenia Webb as Administrator and Legal Representative of the Estate of Eva M. Kinkaid.
This amount represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). The case was resolved through this stipulation, and judgment was to be entered accordingly.
Petitioner counsel was Ramon Rodriguez, III, of Rawls, McNelis & Mitchell. Respondent counsel was Justine Walters, of the United States Department of Justice.
The public decision does not describe the onset of symptoms, specific clinical details of the transverse myelitis, diagnostic tests performed, treatments received, or the specific mechanism by which the vaccine allegedly caused the injury.
Theory of causation
Petitioner alleged that an influenza vaccine administered on November 3, 2011, caused Eva M. Kinkaid to develop transverse myelitis (TM), and that her subsequent death on October 17, 2014, was a sequela of this injury. The respondent denied causation. The parties reached a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in an award of $115,000.00 to the estate. The theory of causation relied upon was the Vaccine Injury Table (Table), 42 C.F.R. §100.3(a), as the influenza vaccine is listed in the Table and the alleged injury, transverse myelitis, is a condition covered by the Table. The public decision does not name specific medical experts or detail the evidence presented to support the alleged causation. Petitioner counsel was Ramon Rodriguez, III, and respondent counsel was Justine Walters. The decision date was September 10, 2015.
Source PDFs
USCOURTS-cofc-1_14-vv-00893