Edward B. Makstell v. HHS - Influenza, encephalopathy (2018)

On September 16, 2016, Lloyd Makstell and Nadine Makstell Whitsett, as legal representatives of the estate of Edward B. Makstell, deceased, filed a petition for compensation under the National Vaccine Injury Compensation Program.

They alleged that Mr. Makstell suffered from encephalopathy and related sequelae as a result of receiving an influenza ("flu") vaccine on September 18, 2013, which ultimately led to his death.

The respondent denied that the flu vaccine caused Mr. Makstell's encephalopathy or his death.

Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on February 26, 2018. Special Master Brian H.

Corcoran reviewed the file and concluded that the parties' stipulation was reasonable, adopting it as the decision in the case. The stipulation awarded a lump sum of $200,000.00, payable to the Petitioners as legal representatives of the Estate of Edward B.

Makstell, as compensation for all damages available under Section 15(a) of the Act. The decision was entered on February 26, 2018.

The public decision is not to be published but will be available on the Court of Federal Claims' website, with parties having fourteen days to request redaction of confidential information.