Gerda Ulysse v. HHS - Influenza, dermatomyositis (2024)
Case summary [AI summaries can sometimes make mistakes]
On May 4, 2015, Gerda Ulysse filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered from dermatomyositis (DM) as a result of receiving an influenza vaccine on October 16, 2013. The case proceeded as an off-Table claim, meaning Ms.
Ulysse had to prove that the vaccine caused her injury. Following an entitlement hearing, Chief Special Master Brian H.
Corcoran issued a ruling on May 19, 2022, finding in favor of Ms. Ulysse.
The public decision does not describe the specific clinical story or the names of Petitioner's counsel at the entitlement phase. Respondent's counsel was Mark Kim Hellie.
Petitioner's expert was Ioannis Tassiulas, M.D., Ph.D., a rheumatologist. Respondent's expert was Robert W.
Lightfoot, Jr., M.D. Dr.
Tassiulas opined that the flu vaccine could cause DM through mechanisms such as molecular mimicry or cytokine upregulation, supported by limited literature and a case report. Dr.
Lightfoot contended that Ms. Ulysse's symptoms likely predated the vaccination and that the evidence did not support a vaccine link, arguing that the medical literature presented by the petitioner was unpersuasive.
Chief Special Master Corcoran found that while Ms. Ulysse's evidence was not overwhelmingly persuasive, it met the preponderance of the evidence standard for causation.
He noted the temporal proximity of symptoms following vaccination and the lack of strong alternative explanations. The Special Master determined that the vaccine likely caused the DM.
Subsequently, on February 28, 2024, Chief Special Master Corcoran issued a decision awarding damages based on a stipulation and proffer by the parties. The award included a lump sum payment of $250,529.41, which comprised $7,626.56 for first-year life care expenses, $3,427.20 for lost earnings, $230,000.00 for pain and suffering, and $9,475.65 for past unreimbursable expenses.
Additionally, an amount sufficient to purchase an annuity contract was awarded to cover future life care costs, with specific growth rates for medical and non-medical items. The annuity payments were to be made directly to Ms.
Ulysse and would continue only as long as she was alive. Petitioner's counsel for the damages phase was Joseph Pepper.
Respondent's counsel was Mark Hellie.
Theory of causation
Petitioner Gerda Ulysse, age 51, received an influenza vaccine on October 16, 2013, and subsequently developed dermatomyositis (DM). This was an off-Table claim. Petitioner's expert, Ioannis Tassiulas, M.D., Ph.D., proposed that the flu vaccine could cause DM through cytokine upregulation or molecular mimicry, citing limited literature and a case report (Jani et al.). Respondent's expert, Robert W. Lightfoot, Jr., M.D., argued that Petitioner's symptoms predated vaccination and that the vaccine did not cause the DM. Chief Special Master Brian H. Corcoran found that Petitioner met the preponderance of the evidence standard for causation, citing the temporal proximity of symptoms and lack of strong alternative explanations, and ruled in favor of entitlement. The damages award, agreed upon by the parties and approved by Chief Special Master Corcoran on March 25, 2024, totaled $250,529.41, consisting of a lump sum for life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, plus an annuity for future life care costs. Petitioner's counsel was Ronald Craig Homer for entitlement and Joseph Pepper for damages; Respondent's counsel was Mark Kim Hellie/Mark Hellie.
Source PDFs
USCOURTS-cofc-1_15-vv-00451