Linda McGuire v. HHS - Influenza, acute disseminated encephalomyelitis (“ADEM”) and multiple sclerosis (“MS”) (2019)
Case summary [AI summaries can sometimes make mistakes]
Linda McGuire filed a petition on September 2, 2016, alleging that an influenza vaccine she received on September 4, 2013, caused her to develop acute disseminated encephalomyelitis (ADEM) and multiple sclerosis (MS), with residual effects lasting more than six months. The respondent denied that the vaccine caused these conditions.
Despite the denial, the parties filed a joint stipulation for compensation. Special Master Christian J.
Moran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism by which the vaccine allegedly caused the conditions.
Petitioner counsel was Jeffrey A. Golvash of Brennan, Robins & Daley, P.C., and respondent counsel was Sarah C.
Duncan of the United States Department of Justice. As compensation for all damages, Linda McGuire was awarded a lump sum of $45,000.00, payable by check to the petitioner.
The decision was filed on November 25, 2019, and issued on December 23, 2019. The case was originally filed under No. 16-1101V.
Theory of causation
Petitioner Linda McGuire alleged that an influenza vaccine administered on September 4, 2013, caused acute disseminated encephalomyelitis (ADEM) and multiple sclerosis (MS), with residual effects lasting more than six months. The respondent denied causation. The parties submitted a joint stipulation for compensation, which Special Master Christian J. Moran found reasonable and adopted as the Court's decision. The stipulation resulted in a lump sum award of $45,000.00 for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, but notes the condition is contained within the Vaccine Injury Table. The petition was filed on September 2, 2016, and the decision was issued on December 23, 2019. Petitioner counsel was Jeffrey A. Golvash, and respondent counsel was Sarah C. Duncan.
Source PDFs
USCOURTS-cofc-1_16-vv-01101