Anna Gilerman v. HHS - Influenza, linchen planus (2016)
Case summary [AI summaries can sometimes make mistakes]
Anna Gilerman filed a petition on June 18, 2015, seeking compensation under the National Childhood Vaccine Injury Act. She alleged that an influenza vaccine received on September 19, 2014, caused her to develop lichen planus and that she suffered residual effects for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the petitioner's condition. The parties subsequently filed a joint stipulation, which Special Master Christian J.
Moran found to be reasonable and adopted as the court's decision. The stipulation provided for a lump sum payment of $45,000.00 to Anna Gilerman, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
The decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. The clerk was directed to enter judgment according to the decision and stipulation, unless a motion for review was filed.
Theory of causation
Petitioner Anna Gilerman alleged that an influenza vaccine administered on September 19, 2014, caused her to develop lichen planus, a condition listed on the Vaccine Injury Table, and that she suffered residual effects for more than six months. Respondent denied causation. The parties reached a stipulation, which Special Master Christian J. Moran adopted as the court's decision. The public decision does not detail the specific mechanism of causation, expert testimony, or clinical findings. The award was $45,000.00 for all damages. The theory of causation relied upon was that the condition was covered by the Vaccine Injury Table. The decision was filed on September 20, 2016. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and Respondent was represented by Amy P. Kokot of the U.S. Dep’t of Justice.
Source PDFs
USCOURTS-cofc-1_15-vv-00624