Christopher Stephen Fennell v. HHS - Influenza, acute disseminated encephalomyelitis, peripheral neuropathy, and hearing loss (2017)
Case summary [AI summaries can sometimes make mistakes]
Christopher Stephen Fennell filed a petition on April 1, 2016, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that on September 24, 2014, he received a trivalent influenza vaccine and subsequently suffered from acute disseminated encephalomyelitis (ADEM), peripheral neuropathy, and hearing loss.
Mr. Fennell further alleged that the residual effects of these conditions lasted for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the alleged injuries or any other injury. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on July 18, 2017.
Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in awarding damages.
The stipulation awarded Christopher Stephen Fennell a lump sum of $185,000.00, payable by check to the Petitioner, as compensation for all damages. The decision was filed on August 23, 2017.
The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. Caryn S.
Fennell represented the Petitioner, and Glenn A. MacLeod represented the Respondent.
Theory of causation
Petitioner Christopher Stephen Fennell alleged that a September 24, 2014, trivalent influenza vaccine caused acute disseminated encephalomyelitis (ADEM), peripheral neuropathy, and hearing loss, with residual effects lasting over six months. Respondent denied causation. The parties reached a settlement via stipulation filed July 18, 2017. Special Master Brian H. Corcoran adopted the stipulation as his decision, awarding Petitioner $185,000.00 as compensation for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.
Source PDFs
USCOURTS-cofc-1_16-vv-00413