Johana Mekwinski v. HHS - Influenza, multiple sclerosis (2023)
Case summary [AI summaries can sometimes make mistakes]
Johana Mekwinski, an adult, filed a petition on July 21, 2016, alleging that she suffered from multiple sclerosis (MS) or that the influenza (flu) vaccine she received on October 17, 2013, significantly aggravated her MS. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or aggravated her condition.
Despite maintaining their respective positions, the parties reached a stipulation to settle the case. The stipulation provided for a total award of $167,572.90 for first-year life care expenses ($15,122.99), pain and suffering ($150,000.00), and past unreimbursable expenses ($2,449.91), to be paid as a check to the petitioner.
Additionally, $869.69 was awarded to reimburse a Sunshine Health Medicaid lien, to be paid as a check jointly to petitioner and The Rawlings Company LLC. The case was settled via stipulation, and judgment was entered accordingly.
Special Master Thomas L. Gowen issued the decision on September 27, 2023.
Petitioner was represented by Anne C. Toale, and respondent was represented by Catherine E.
Stolar. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.
Theory of causation
Petitioner Johana Mekwinski alleged that the influenza vaccine administered on October 17, 2013, caused multiple sclerosis (MS) or significantly aggravated her pre-existing MS. Respondent denied causation. The parties reached a stipulation to settle the case, with respondent denying causation. The stipulation resulted in an award of $167,572.90 for first-year life care expenses, pain and suffering, and past unreimbursable expenses, plus $869.69 for a Medicaid lien reimbursement. Special Master Thomas L. Gowen issued the decision on September 27, 2023. Petitioner counsel was Anne C. Toale, and respondent counsel was Catherine E. Stolar. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused or aggravated MS.
Source PDFs
USCOURTS-cofc-1_16-vv-00859