Jan Busiere v. HHS - Influenza, optic neuritis (2016)
Case summary [AI summaries can sometimes make mistakes]
Jan Busiere filed a petition on November 4, 2015, alleging that the influenza vaccine she received on October 21, 2013, caused her to suffer optic neuritis. She further alleged that she experienced residual effects from this injury for more than six months.
Respondent denied that the vaccine caused the optic neuritis or any other injury. The parties reached a stipulation, which was filed on August 11, 2016.
Special Master Christian J. Moran adopted the stipulation as the court's decision.
The stipulation awarded Jan Busiere a lump sum payment of $100,000.00, payable by check to Jan Busiere, as compensation for all damages. The decision was finalized on September 6, 2016.
Petitioner counsel was Amber D. Wilson of Maglio Christopher Toale, PA.
Respondent counsel was Sarah C. Duncan of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
The decision is unpublished.
Theory of causation
Petitioner Jan Busiere alleged that the influenza vaccine received on October 21, 2013, caused optic neuritis, with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation, adopted by Special Master Christian J. Moran on September 6, 2016. The stipulation resulted in a $100,000.00 lump sum award. The theory of causation was based on the Vaccine Injury Table, as the influenza vaccine is listed in the Table. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. Petitioner counsel was Amber D. Wilson; respondent counsel was Sarah C. Duncan.
Source PDFs
USCOURTS-cofc-1_15-vv-01319