James Kois v. HHS - Influenza, brachial neuritis (2015)
Case summary [AI summaries can sometimes make mistakes]
James Kois filed a petition for compensation under the National Vaccine Injury Compensation Program on February 2, 2015, alleging he suffered brachial neuritis due to an influenza vaccine received on November 19, 2013. He further alleged that he experienced residual effects of this condition for more than six months.
The respondent denied that the brachial neuritis, or any other injury, was caused-in-fact by the flu vaccination. Despite the denial, the parties reached a joint stipulation to settle the case.
Chief Special Master Denise Kathryn Vowell adopted the stipulation on August 26, 2015, awarding Mr. Kois a lump sum of $130,000.00 for all damages.
Subsequently, on September 25, 2015, the parties filed a stipulation for attorney fees and costs. Chief Special Master Nora Beth Dorsey approved this stipulation on October 20, 2015, awarding $15,000.00 for attorney's fees and costs, payable as a lump sum jointly to Mr.
Kois and his counsel, Alison H. Haskins.
The total compensation awarded to Mr. Kois was $145,000.
Theory of causation
Petitioner James Kois alleged brachial neuritis, also referred to as Parsonage-Turner syndrome or brachial plexopathy, due to an influenza vaccine received on November 19, 2013, with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation to settle the case. Chief Special Master Denise Kathryn Vowell adopted the stipulation on August 26, 2015, awarding $130,000.00 for all damages. Subsequently, Chief Special Master Nora Beth Dorsey awarded $15,000.00 for attorney fees and costs on October 20, 2015, jointly payable to petitioner and counsel Alison H. Haskins. The total award was $145,000. The specific medical mechanism or expert testimony regarding causation was not detailed in the public decision, as the case was resolved via stipulation.
Source PDFs
USCOURTS-cofc-1_15-vv-00109