Dan Wojciechowski v. HHS - Influenza, transverse myelitis and/or acute disseminated encephalomyelitis (2017)
Case summary [AI summaries can sometimes make mistakes]
Dan Wojciechowski filed a petition on March 8, 2017, alleging that an influenza vaccine administered on October 21, 2015, caused him to suffer from transverse myelitis and/or acute disseminated encephalomyelitis (ADEM), with symptoms lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injuries or any other injury, and denied that Petitioner's current disabilities were the result of a vaccine-related injury.
Despite the denial, the parties reached a joint stipulation for damages. Special Master Herbrina Sanders adopted the stipulation as the decision of the Court.
Petitioner was awarded a lump sum of $156,979.98, payable by check to the petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was finalized on April 3, 2017.
The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert testimony. Matthew B.
Vianello represented the Petitioner, and Lisa A. Watts represented the Respondent.
Theory of causation
Petitioner Dan Wojciechowski alleged that an influenza vaccine administered on October 21, 2015, caused transverse myelitis (TM) and/or acute disseminated encephalomyelitis (ADEM), with symptoms lasting more than six months. Respondent denied causation. The parties entered into a joint stipulation for award. The public decision does not detail the specific theory of causation, mechanism, expert testimony, or medical evidence presented. The Special Master adopted the stipulation, awarding Petitioner $156,979.98 for all damages. The decision was issued by Special Master Herbrina Sanders on April 3, 2017. Petitioner was represented by Matthew B. Vianello, and Respondent was represented by Lisa A. Watts.
Source PDFs
USCOURTS-cofc-1_16-vv-00823