M.G. v. HHS - Influenza, ataxia (2016)

On April 3, 2015, Katie Davis and Scott Gannuscio, as parents and legal representatives for their minor son M.G., filed a petition under the National Vaccine Injury Compensation Program. They alleged that M.G. suffered from ataxia as a result of receiving an influenza vaccine and a Hepatitis A vaccine on January 13, 2014.

The petition further alleged that M.G. experienced residual effects from this condition for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccinations caused M.G.'s ataxia or any other injury.

Despite this denial, the parties reached a joint stipulation for damages, which was filed on August 30, 2016. Special Master Thomas L.

Gowen reviewed the stipulation and found it reasonable, adopting it as the decision of the court. The stipulation provided for a lump sum award of $125,000.00, payable by check to petitioners as guardians/conservators of M.G.'s estate.

This amount was intended to compensate for all damages available under the program. The parties waived their right to seek review of the decision.

Lawrence R. Cohan represented the petitioners, and Lara A.

Englund represented the respondent. The decision was issued on September 27, 2016.