Michael Mickas v. HHS - Influenza, neuritis, myositis, and polyneuropathy (2016)
Case summary [AI summaries can sometimes make mistakes]
Michael Mickas filed a petition on November 4, 2015, under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination he received on December 19, 2014, caused him to suffer from neuritis, myositis, and polyneuropathy, with residual effects lasting over six months. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused the alleged injuries.
Despite this denial, the parties reached a joint stipulation for damages, which was filed on August 29, 2016. Special Master Thomas L.
Gowen found the stipulation to be reasonable and adopted it as the decision of the Court. The stipulation awarded Michael Mickas a lump sum of $200,000.00, payable to him, as compensation for all damages available under the program.
The court ordered that judgment be entered accordingly. Petitioner was represented by Anne C.
Toale of Maglio Christopher & Toale, and respondent was represented by Julia W. McInerny of the United States Department of Justice.
The decision was issued on September 27, 2016.
Theory of causation
Petitioner Michael Mickas alleged that an influenza vaccination on December 19, 2014, caused neuritis, myositis, and polyneuropathy with residual effects lasting over six months. Respondent denied causation. The parties filed a joint stipulation for damages on August 29, 2016, agreeing to an award of $200,000.00 as compensation for all damages. Special Master Thomas L. Gowen adopted the stipulation, finding it reasonable. The public decision does not describe the specific medical theory of causation, any medical experts, or the mechanism by which the vaccine allegedly caused the injuries. The award was a lump sum of $200,000.00. The decision date was September 27, 2016. Petitioner's counsel was Anne C. Toale, and respondent's counsel was Julia W. McInerny.
Source PDFs
USCOURTS-cofc-1_15-vv-01317