Ms. Isham v. HHS - Influenza, transverse myelitis (2018)
Case summary [AI summaries can sometimes make mistakes]
This case was initiated by Ms. Isham, who allegedly suffered from transverse myelitis after receiving an influenza vaccine.
The specific date of vaccination and Ms. Isham's age at the time are not provided in the public decision.
Ms. Isham has since passed away, and Deborah Matthaes, as the personal representative of Ms.
Isham's estate, was substituted as the petitioner. The respondent denied that the flu vaccine caused Ms.
Isham's transverse myelitis or any other injury, or that it resulted in her death. Despite the respondent's denial, the parties filed a joint stipulation recommending an award of compensation.
Chief Special Master Nora B. Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court.
The stipulation provided for a lump sum award of $405,000.00, payable to the petitioner, to compensate for all damages available under 42 U.S.C. § 300aa-15(a). Judgment was to be entered in accordance with the terms of the stipulation, as the parties jointly renounced their right to seek review.
Theory of causation
The petitioner, Ms. Isham, alleged that she suffered from transverse myelitis following an influenza vaccination. The respondent denied that the flu vaccine caused the alleged injury or death. The specific theory of causation, medical experts, clinical details of the injury onset, symptoms, diagnostic tests, and treatments are not described in the provided public text. The parties entered into a stipulation for compensation, which was approved by Chief Special Master Nora B. Dorsey on June 19, 2018. The stipulation awarded the estate a lump sum of $405,000.00 for all damages. The attorneys involved were Ms. Isham (initial petitioner), Deborah Matthaes (substituted petitioner), and the respondent's counsel. The specific mechanism of injury was not detailed in the public decision.
Source PDFs
USCOURTS-cofc-1_16-vv-01266