Joni Marco v. HHS - Influenza, transverse myelitis and related complications, including a perforated diverticulum, hernia, small bowel obstruction, neurogenic bladder, and aggravation of diverticulitis (2021)
Case summary [AI summaries can sometimes make mistakes]
Joni Marco filed a petition for compensation under the National Vaccine Injury Compensation Program on October 13, 2015. Ms.
Marco alleged that she received an influenza vaccine on October 11, 2013, and subsequently suffered from transverse myelitis and related complications, including a perforated diverticulum, hernia, small bowel obstruction, neurogenic bladder, and aggravation of diverticulitis. The respondent, the Secretary of Health and Human Services, denied that the immunization caused Ms.
Marco's alleged injuries. However, the parties reached a settlement agreement.
On April 13, 2021, they filed a joint stipulation to resolve the case. Under the terms of the stipulation, the respondent agreed to pay Ms.
Marco a lump sum of $20,000.00, payable to Joni Marco, as compensation for all damages available under the program. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation in the agreed-upon amount.
The decision directed the clerk of the court to enter judgment in accordance with the stipulation. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism by which the vaccine allegedly caused the injuries.
Petitioner counsel was Maxamillian J. Muller, Esq., and respondent counsel was Catherine E.
Stolar, Esq.
Theory of causation
Petitioner Joni Marco alleged that an influenza vaccine administered on October 11, 2013, caused transverse myelitis and related complications, including a perforated diverticulum, hernia, small bowel obstruction, neurogenic bladder, and aggravation of diverticulitis. The respondent denied causation. The parties reached a settlement, and Special Master Mindy Michaels Roth adopted their joint stipulation on April 13, 2021. The settlement awarded Joni Marco $20,000.00. The public decision does not detail the specific theory of causation, medical experts, or evidence presented regarding the mechanism of injury.
Source PDFs
USCOURTS-cofc-1_15-vv-01178