Denise Lee v. HHS - Influenza, transverse myelitis (2018)

Filed 2015-08-03Decided 2018-05-31Vaccine Influenza
compensated$39,807

Case summary [AI summaries can sometimes make mistakes]

On August 3, 2015, Denise Lee filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered transverse myelitis (TM) as a result of an influenza vaccine received on October 17, 2014. The respondent, the Secretary of Health and Human Services, maintained its position that the flu vaccine did not cause Ms.

Lee's TM or any other injury. Despite this disagreement, the parties filed a joint stipulation on May 30, 2018, agreeing to settle the issues and award compensation to Ms.

Lee. The stipulation provided for a lump sum payment of $35,000.00 to Ms.

Lee and an additional $4,807.57 to reimburse a Medicaid lien. Special Master Thomas L.

Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Judgment was ordered to be entered in accordance with the terms of the stipulation.

The case was compensated based on this joint stipulation. Petitioner was represented by Maximillian Muller of Muller Brazil, LLP, and respondent was represented by Meredith Healy of the United States Department of Justice.

The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses.

Theory of causation

Petitioner Denise Lee alleged that she suffered transverse myelitis (TM) as a result of an influenza vaccine received on October 17, 2014. The respondent denied that the vaccine caused the alleged injury. The parties reached a settlement through a joint stipulation, agreeing to an award of compensation. The stipulation awarded a lump sum of $35,000.00 to petitioner and $4,807.57 for a Medicaid lien reimbursement. Special Master Thomas L. Gowen found the stipulation reasonable and adopted it as the decision of the Court. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the TM.

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