Melissa Jones v. HHS - Influenza, anaphylaxis, hypotension, and acute cholecystitis (2017)
Case summary [AI summaries can sometimes make mistakes]
Melissa Jones filed a petition for compensation under the National Vaccine Injury Compensation Program on July 23, 2015, alleging that she suffered severe anaphylaxis, hypotension, and acute cholecystitis requiring a cholecystectomy as a result of receiving an influenza vaccine on November 2, 2012. She further alleged that she suffered residual effects for more than six months.
The respondent denied that the flu vaccine caused her alleged injuries. Despite the respondent's denial, the parties filed a joint stipulation for damages on December 5, 2016, agreeing that compensation should be awarded.
The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Melissa Jones was awarded a lump sum of $40,000.00, representing compensation for all items of damages available under the Vaccine Act.
The decision was entered on April 3, 2017. Petitioner was represented by Joseph Tedford McFadden of Rawls, McNelis & Mitchell, and respondent was represented by Ryan Daniel Pyles of the U.S.
Department of Justice. The Special Master was Nora Beth Dorsey.
Theory of causation
Petitioner Melissa Jones alleged that an influenza vaccine administered on November 2, 2012, caused severe anaphylaxis, hypotension, and acute cholecystitis requiring a cholecystectomy, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. The public decision does not describe the specific theory of causation, medical experts, clinical details of the onset or progression of symptoms, diagnostic tests, or treatments. The award was a lump sum of $40,000.00 for all damages available under the Vaccine Act. The decision was made by Chief Special Master Nora Beth Dorsey on April 3, 2017, based on the joint stipulation. Petitioner's counsel was Joseph Tedford McFadden, and respondent's counsel was Ryan Daniel Pyles.
Source PDFs
USCOURTS-cofc-1_15-vv-00774