Pamela Boshart Lynch v. HHS - Influenza, acute disseminated encephalomyelitis (2017)
Case summary [AI summaries can sometimes make mistakes]
Pamela Boshart Lynch filed a petition for compensation under the National Vaccine Injury Compensation Program on September 26, 2014. She alleged that an influenza vaccine administered on September 29, 2011, caused her to develop acute disseminated encephalomyelitis (ADEM) and suffer residual effects for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's ADEM or any other injury. Despite this denial, the parties filed a joint stipulation for damages.
Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Pamela Boshart Lynch a lump sum of $151,000.00, payable by check to the petitioner, as compensation for all damages.
The parties also agreed to waive their right to seek review, allowing for expedited judgment. Petitioner's counsel was Michael J.
Williams of Cellino and Barnes, P.C. Respondent's counsel was Linda S.
Renzi of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
The specific mechanism of causation was not detailed in the public decision.
Theory of causation
Petitioner Pamela Boshart Lynch alleged that an influenza vaccine administered on September 29, 2011, caused her to develop acute disseminated encephalomyelitis (ADEM) and suffer residual effects for more than six months. The respondent denied causation. The parties filed a joint stipulation for award, agreeing to a lump sum of $151,000.00 for all damages. The Special Master adopted the stipulation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury. The decision was issued by Special Master Lisa Hamilton-Fieldman on January 11, 2017, with judgment entered in accordance with the stipulation. Petitioner was represented by Michael J. Williams, and Respondent by Linda S. Renzi.
Source PDFs
USCOURTS-cofc-1_14-vv-00909