Dione Mitchell v. HHS - Influenza, transverse myelitis (2016)

Filed 2015-10-09Decided 2016-04-07Vaccine Influenza
compensated$70,000

Case summary [AI summaries can sometimes make mistakes]

On October 9, 2015, Dione Mitchell filed a petition for compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she developed transverse myelitis (TM) after receiving a seasonal influenza vaccination on October 16, 2014.

The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused petitioner's alleged TM or any other injury. On April 7, 2016, the parties filed a joint stipulation agreeing to an award of compensation.

Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $70,000.00, payable to Dione Mitchell, as compensation for all damages.

Judgment was to be entered in accordance with the terms of the stipulation, unless a motion for review was filed. The public decision does not describe the specific onset of symptoms, clinical details, diagnostic tests, treatments, or the specific mechanism of causation.

Petitioner was represented by Alison H. Haskins of Maglio, Christopher & Toale, P.A., and respondent was represented by Traci R.

Patton of the U.S. Department of Justice.

Theory of causation

Petitioner Dione Mitchell alleged that she developed transverse myelitis (TM) after receiving an influenza vaccine on October 16, 2014. The respondent denied causation. The parties filed a joint stipulation for compensation on April 7, 2016. The stipulation resulted in an award of $70,000.00. The public decision does not specify the theory of causation, any medical experts, or the specific mechanism by which the vaccine allegedly caused the TM. The case was decided by Chief Special Master Nora Beth Dorsey. Petitioner's counsel was Alison H. Haskins, and respondent's counsel was Traci R. Patton.

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