Nikysha Cyrus v. HHS - Influenza, Transverse Myelitis (2017)
Case summary [AI summaries can sometimes make mistakes]
On February 15, 2017, Nikysha Cyrus, as the natural guardian and legal representative of her minor son, J.B., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that J.B. suffered from transverse myelitis following an influenza vaccination.
The parties, Petitioner and Respondent (Secretary of Health and Human Services), filed a stipulation agreeing to a settlement. Special Master George L.
Hastings reviewed the stipulation and concluded it was appropriate. The decision, entered by stipulation on March 15, 2017, awarded compensation to J.B.
The award consisted of two lump sum payments: $328.00 for past unreimbursable expenses, payable to Nikysha Cyrus, and $760.80 to reimburse a lien for services rendered by the Commonwealth of Pennsylvania, payable jointly to Nikysha Cyrus and the Commonwealth of Pennsylvania. The remaining damages available under the program were to be paid in the form of an annuity contract for J.B.'s benefit, to be purchased as soon as practicable after the entry of judgment.
The specific terms and conditions for the annuity contract, including criteria for the life insurance company, were detailed in the stipulation. The public decision does not describe the specific date of vaccination, the onset of symptoms, clinical details of the transverse myelitis, any specific medical tests performed, or treatments received.
It also does not name the petitioner's counsel or the respondent's counsel.
Theory of causation
The case involves a petition filed on February 15, 2017, by Nikysha Cyrus on behalf of her minor son, J.B., alleging transverse myelitis following an influenza vaccination. The parties reached a stipulation for compensation, which was approved by Special Master George L. Hastings on March 15, 2017. The award included a lump sum of $328.00 for past unreimbursable expenses and $760.80 for reimbursement of a lien from the Commonwealth of Pennsylvania, plus an annuity for J.B.'s benefit. The public text does not specify the vaccination date, the onset of symptoms, the specific medical mechanism of injury, or any expert testimony. The theory of causation is not detailed in the provided public decision, as the case was resolved by stipulation.
Source PDFs
USCOURTS-cofc-1_15-vv-01442