Lillian Rivera v. HHS - Influenza, Transverse Myelitis (2017)

Filed 2017-03-30Decided 2017-05-03Vaccine Influenza
compensated$241,250

Case summary [AI summaries can sometimes make mistakes]

Lillian Rivera filed a petition on March 30, 2017, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered from Transverse Myelitis (TM) as a result of receiving an influenza vaccine on October 22, 2012, and that she experienced residual effects of this injury for more than six months.

The respondent denied that the vaccination caused her alleged TM or any other injury. Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on March 29, 2017.

The Special Master reviewed the file and concluded that the parties' stipulation was reasonable, adopting it as the decision awarding damages. The award included a lump sum of $241,250.00 payable to Petitioner, representing compensation for all damages available under the Act.

The decision was entered by Special Master Brian H. Corcoran on May 3, 2017.

Petitioner was represented by Mark L. Krueger of Krueger & Hernandez, SC, and the respondent was represented by Adriana Ruth Teitel of the U.S.

Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the specific mechanism of causation.

Theory of causation

Petitioner Lillian Rivera alleged that her Transverse Myelitis (TM) was caused by an influenza vaccine received on October 22, 2012, with residual effects lasting more than six months. The respondent denied causation. The parties reached a settlement via stipulation filed March 29, 2017, which was adopted by Special Master Brian H. Corcoran on May 3, 2017. The stipulation awarded Petitioner a lump sum of $241,250.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the TM. The case was settled prior to a determination of entitlement based on the merits.

Source PDFs 2 total · 1 downloaded