A.S. v. HHS - Influenza, small fiber neuropathy and chronic pain syndrome (2016)
Case summary [AI summaries can sometimes make mistakes]
Robin McCarthy-Stancavage, on behalf of her minor son A.S., filed a petition on November 17, 2014, alleging that an influenza vaccine administered to A.S. on or about December 7, 2011, caused him to suffer from small fiber neuropathy and chronic pain syndrome. A.S. was born on January 7, 1998, making him approximately 13 years old at the time of vaccination.
The petition stated that A.S. experienced residual effects of these injuries for more than six months and that there had been no prior award or settlement for these conditions. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused A.S.'s alleged injuries.
The parties reached a joint stipulation for compensation, which Special Master Christian J. Moran found reasonable and adopted as the decision of the Court.
The stipulation awarded a total of $110,000. This amount included $4,737.16 to reimburse a lien for services rendered by Johns Hopkins Health Care, LLC, payable jointly to the petitioner and Eugene A.
Seidel, Trustee. An additional $16,000.00 was awarded as a lump sum payable to the petitioner, Robin McCarthy-Stancavage.
Finally, $89,000.00 was awarded as a lump sum payable to A.S. on or after January 7, 2016. These amounts represent compensation for all damages available under 42 U.S.C. § 300aa-15(a).
The decision was issued on January 7, 2016. Petitioner was represented by Diana Stadelnikas Sedar of Maglio, Christopher & Toale, PA, and respondent was represented by Lara A.
Englund of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation.
Theory of causation
Petitioner alleged that the influenza vaccine administered on or about December 7, 2011, to A.S., then approximately 13 years old, caused small fiber neuropathy and chronic pain syndrome. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation awarded a total of $110,000: $4,737.16 for a lien reimbursement, $16,000.00 to the petitioner Robin McCarthy-Stancavage, and $89,000.00 to A.S. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury, other than it being a Table injury. The decision date was January 7, 2016. Petitioner's counsel was Diana Stadelnikas Sedar, and respondent's counsel was Lara A. Englund.
Source PDFs
USCOURTS-cofc-1_14-vv-01117