Lavon H. Drake v. HHS - Influenza, paresthesia and cervical/cranial dystonia (2018)
Case summary [AI summaries can sometimes make mistakes]
Lavon H. Drake filed a petition for compensation on June 22, 2016, alleging that the influenza vaccine he received on October 15, 2014, caused him to suffer neurological symptoms, including paresthesia and cervical/cranial dystonia.
Mr. Drake 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 vaccine caused or significantly aggravated the petitioner's alleged injury or any other injury, and denied that Mr. Drake's current disabilities were the result of a vaccine-related injury.
Despite these denials, the parties reached a joint stipulation for compensation. Special Master Christian J.
Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Mr.
Drake a lump sum payment of $35,000.00, payable by check to the petitioner. This amount is intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a).
The decision directed the clerk to enter judgment according to the decision and stipulation, barring any motion for review. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses.
The attorneys involved were Nancy R. Meyers for the Petitioner and Traci R.
Patton for the Respondent.
Theory of causation
Petitioner Lavon H. Drake received an influenza vaccine on October 15, 2014. He alleged that this vaccine caused him to suffer neurological symptoms, including paresthesia and cervical/cranial dystonia, with residual effects lasting more than six months. The injury is listed in the Vaccine Injury Table, and the case proceeded as a Table claim. Respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation awarded a lump sum of $35,000.00 to Petitioner. The public text does not detail the specific mechanism of injury, expert testimony, or the specific evidence considered beyond the stipulation. The decision date was April 26, 2018. Petitioner's counsel was Nancy R. Meyers, and Respondent's counsel was Traci R. Patton.
Source PDFs
USCOURTS-cofc-1_16-vv-00732