Maria Esther Garcia v. HHS - Influenza, post-vaccine neuropathy (2016)
Case summary [AI summaries can sometimes make mistakes]
Maria Esther Garcia filed a petition for compensation under the National Vaccine Injury Compensation Program on April 29, 2015, alleging she developed post-vaccine neuropathy after receiving an influenza immunization on February 3, 2014. The respondent denied that the vaccine caused her injury.
Despite the denial, the parties reached a settlement. The court approved a joint stipulation for damages, awarding Maria Esther Garcia a total of $60,292.42.
This amount included $50,000.00 for all damages, $10,292.42 to reimburse a State of California Medicaid lien, and $18,012.14 for attorneys' fees and costs. The decision was issued by Special Master Mindy Michaels Roth on August 19, 2016.
The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of injury. Petitioner was represented by Jeffrey S.
Pop, Esq., and respondent was represented by Lisa A. Watts, Esq.
Theory of causation
Petitioner Maria Esther Garcia alleged post-vaccine neuropathy following an influenza immunization on February 3, 2014. Respondent denied causation. The parties reached a settlement via joint stipulation. The award included $50,000.00 for all damages, $10,292.42 for a State of California Medicaid lien reimbursement, and $18,012.14 for attorneys' fees and costs, totaling $60,292.42. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The decision was issued by Special Master Mindy Michaels Roth on August 19, 2016. Petitioner's counsel was Jeffrey S. Pop, Esq., and respondent's counsel was Lisa A. Watts, Esq.
Source PDFs
USCOURTS-cofc-1_15-vv-00432