Gene Michaelson v. HHS - Influenza, transverse myelitis (2016)
Case summary [AI summaries can sometimes make mistakes]
On September 1, 2015, Gene Michaelson filed a petition under the National Vaccine Injury Compensation Program alleging that he developed transverse myelitis (TM) as a result of receiving an influenza vaccine on October 9, 2014. He further alleged that he experienced residual effects from the injury for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused petitioner's TM or any other condition. Despite this denial, the parties filed a joint stipulation on August 3, 2016, agreeing to an award of compensation.
Special Master Thomas L. Gowen found the stipulation reasonable and adopted it as the decision of the Court.
The stipulation provided for a lump sum payment of $210,000.00, payable to Gene Michaelson, as compensation for all damages. Judgment was entered in accordance with the terms of the stipulation.
Petitioner was represented by Alison H. Haskins of Maglio Christopher & Toale, PA, and respondent was represented by Debra A.
Filteau Begley of the United States Department of Justice.
Theory of causation
Petitioner Gene Michaelson alleged that he developed transverse myelitis (TM) following an influenza vaccination on October 9, 2014, and experienced residual effects for more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, agreeing to an award of $210,000.00 for all damages. Special Master Thomas L. Gowen adopted the stipulation as the decision of the Court. The public decision does not describe the specific theory of causation, medical experts, onset of symptoms, diagnostic tests, or treatments.
Source PDFs
USCOURTS-cofc-1_15-vv-00956