Barbara Sease v. HHS - Influenza, optic neuritis (2017)
Case summary [AI summaries can sometimes make mistakes]
Barbara Sease filed a petition for compensation under the National Vaccine Injury Compensation Program on August 9, 2016. She alleged that influenza vaccines administered on December 11, 2013, and January 7, 2015, caused her to suffer from optic neuritis, with symptoms persisting for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the vaccines caused or aggravated her alleged injury. Despite the respondent's denial, the parties reached a joint stipulation for damages.
Special Master Herbrina Sanders reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Ms.
Sease a lump sum of $330,000.00, payable by check, to compensate for all available damages under 42 U.S.C. § 300aa-15(a). The parties agreed to expedite the entry of judgment by renouncing their right to seek review.
Judgment was entered on March 8, 2017. Petitioner was represented by Charles W.
Marsar of R.J. Marzella & Associates, P.C., and respondent was represented by Darryl R.
Wishard of the United States Department of Justice.
Theory of causation
Petitioner Barbara Sease alleged that influenza vaccines administered on December 11, 2013, and January 7, 2015, caused optic neuritis with symptoms lasting more than six months. The respondent denied causation. The parties reached a joint stipulation for award, and the Special Master adopted it. The public decision does not describe the specific theory of causation, medical experts, onset of symptoms, clinical details, or the mechanism of injury. The award was a lump sum of $330,000.00 for all damages. The decision was entered on March 8, 2017, by Special Master Herbrina Sanders. Petitioner's counsel was Charles W. Marsar, and respondent's counsel was Darryl R. Wishard.
Source PDFs
USCOURTS-cofc-1_16-vv-00964