Christina Brethauer v. HHS - Influenza, spinal cord myelitis (2016)
Case summary [AI summaries can sometimes make mistakes]
Christina Brethauer filed a petition alleging that she developed spinal cord myelitis caused by her October 9, 2013 receipt of an influenza vaccine. She further alleged that she suffered residual effects from her injuries for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her condition. Despite the denial, the parties agreed to resolve the case through a stipulation.
The Special Master reviewed the stipulation and found its terms to be reasonable. Pursuant to the stipulation, the court awarded Christina Brethauer compensation in the amount of $70,000.00, representing reimbursement for all damages available under the program.
The award was to be paid as a lump sum check made payable to Ms. Brethauer.
The decision was issued on May 18, 2016. Petitioner's counsel was Diana L.
Stadelnikas Sedar, and respondent's counsel was Lisa A. Watts.
Special Master Laura D. Millman issued the decision.
Theory of causation
Petitioner alleged that she developed spinal cord myelitis caused by her October 9, 2013 receipt of an influenza vaccine and suffered residual effects for more than six months. Respondent denied that the flu vaccine caused petitioner's spinal cord myelitis or any other injury. The parties agreed to resolve the matter through a stipulation. The Special Master found the stipulation reasonable and awarded $70,000.00 in a lump sum. The public decision does not describe the specific medical mechanism, expert testimony, or detailed clinical facts supporting the petitioner's claim or the respondent's denial. The decision was issued by Special Master Laura D. Millman on May 18, 2016, with petitioner represented by Diana L. Stadelnikas Sedar and respondent by Lisa A. Watts.
Source PDFs
USCOURTS-cofc-1_15-vv-00800