Joseph Grimaudo v. HHS - Influenza, Transverse Myelitis (2016)
Case summary [AI summaries can sometimes make mistakes]
On October 13, 2015, Joseph Grimaudo filed a petition under the National Vaccine Injury Compensation Program alleging that he suffered from Transverse Myelitis (TM) as a result of receiving an influenza vaccine on November 21, 2014. He further alleged that he experienced residual effects from this injury for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused his alleged TM or any other injury. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on October 14, 2016.
The stipulation was deemed reasonable by Special Master Brian H. Corcoran.
Based on this stipulation, Joseph Grimaudo was awarded a lump sum of $1,423,601.87, representing compensation for all damages available under the Act. The decision was issued on November 17, 2016.
Petitioner's counsel was Robert V. Potter, Jr. of Johnson Pope.
Respondent's counsel was Julia McInerny of the U.S. Department of Justice.
The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the specific mechanism of causation.
Theory of causation
Petitioner Joseph Grimaudo alleged that his Transverse Myelitis (TM) was caused by an influenza vaccine received on November 21, 2014. The respondent denied causation. The parties stipulated to a settlement, and Special Master Brian H. Corcoran awarded Petitioner $1,423,601.87 on November 17, 2016. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the TM. The award represents compensation for all damages available under the Act.
Source PDFs
USCOURTS-cofc-1_15-vv-01182