Joette Maltby v. HHS - Influenza, peripheral neuropathy (2016)
Case summary [AI summaries can sometimes make mistakes]
On September 1, 2015, Joette Maltby filed a petition under the National Vaccine Injury Compensation Program, alleging that she developed peripheral neuropathy as a result of receiving an influenza vaccine on January 23, 2014. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused the petitioner's alleged injury or current condition.
Despite this denial, the parties filed a joint stipulation for damages on November 14, 2016. Special Master Thomas L.
Gowen reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Joette Maltby a lump sum of $45,000.00, payable by check, as compensation for all damages.
The decision date was December 14, 2016. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert witnesses.
The attorneys involved were Andrew D. Downing for the petitioner and Alexis B.
Babcock for the respondent.
Theory of causation
Petitioner Joette Maltby alleged that an influenza vaccine administered on January 23, 2014, caused her to develop peripheral neuropathy. The respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award of $45,000.00. The Special Master adopted the stipulation as the decision of the Court. The theory of causation was designated as 'Off-Table'. The public decision does not provide details on the specific mechanism of injury, expert testimony, or the evidence considered in reaching the stipulation.
Source PDFs
USCOURTS-cofc-1_15-vv-00952