Jarmaine Burkett v. HHS - Influenza, transverse myelitis (2019)

On October 4, 2016, Jarmaine Burkett, as the natural guardian and legal representative of his minor daughter R.G., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that R.G. developed transverse myelitis after receiving an influenza vaccine on December 2, 2013.

The respondent, the Secretary of Health and Human Services, denied that the immunization caused R.G.'s transverse myelitis or any other injury. The parties subsequently reached a settlement agreement.

As part of the settlement, the respondent agreed to issue a payment sufficient to purchase an annuity contract, a lump sum of $1,446.97 to satisfy a Medicaid lien, and a lump sum of $163,969.00 to petitioner as guardian/conservator of R.G.'s estate. This total award of $165,416 represents compensation for damages.

The decision was issued by Special Master Mindy Michaels Roth on May 6, 2019. The public decision does not describe the specific onset of symptoms, clinical details of the transverse myelitis, any diagnostic tests performed, or treatments received.

It also does not name petitioner's counsel or respondent's counsel, nor does it detail the specific terms of the annuity contract beyond its purpose. The theory of causation is not detailed in the public decision.