Janice Berry v. HHS - Influenza, transverse myelitis (2016)

Filed 2015-06-19Decided 2016-10-24Vaccine Influenza
compensated$5,000

Case summary [AI summaries can sometimes make mistakes]

Janice Berry filed a petition on June 19, 2015, alleging that she developed transverse myelitis as a result of receiving an influenza vaccination on September 30, 2014. The respondent denied that the immunization caused her injury.

The parties reached a settlement, and on October 24, 2016, they filed a joint stipulation. Respondent agreed to pay Ms.

Berry a lump sum of $5,000.00 as compensation for all available damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation in that amount.

The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Gary Anderson of Environmental Litigation Group, P.C., and respondent counsel was Darryl Wishard of the U.S.

Department of Justice.

Theory of causation

Petitioner Janice Berry alleged that she developed transverse myelitis (TM) following an influenza vaccination on September 30, 2014. Respondent denied causation. The parties reached a joint stipulation for settlement. The Special Master adopted the stipulation, awarding $5,000.00 as a lump sum for all damages. The public decision does not specify the theory of causation, any medical experts, or the mechanism by which the vaccine allegedly caused the TM. The award was based on a settlement stipulation.

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