Michael Perkins v. HHS - Influenza, transverse myelitis (2016)

Filed 2015-02-04Decided 2016-09-16Vaccine Influenza
compensated$314,091

Case summary [AI summaries can sometimes make mistakes]

Michael Perkins filed a petition on February 4, 2015, alleging that he developed transverse myelitis as a result of receiving an influenza vaccine on February 7, 2012. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused the petitioner's injury.

The parties, however, reached a settlement agreement. As part of the stipulation, the respondent agreed to issue payments totaling $314,091.

This amount included a lump sum of $312,293.74, paid by check to Michael Perkins, which represented compensation for first-year life care expenses ($50,180.00), lost earnings ($22,195.32), and pain and suffering ($239,918.42). Additionally, an amount sufficient to purchase an annuity contract was to be paid to the life insurance company from which the annuity would be purchased.

Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation accordingly. The decision was issued on September 16, 2016.

Petitioner was represented by Tara O’Mahoney, Esq., and respondent was represented by Justine Walters, Esq. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.

Theory of causation

Petitioner Michael Perkins alleged that he developed transverse myelitis following an influenza vaccination on February 7, 2012. Respondent denied causation. The parties reached a stipulation for settlement. The award was $314,091, comprising a lump sum of $312,293.74 for first year life care expenses, lost earnings, and pain and suffering, plus an amount for an annuity. Special Master Mindy Michaels Roth adopted the stipulation on September 16, 2016. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury.

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