Sarah Morcos v. HHS - Influenza, transverse myelitis (2017)

Filed 2016-10-06Decided 2017-06-08Vaccine Influenza
compensated$300,000death

Case summary [AI summaries can sometimes make mistakes]

Michael Ferg, as personal representative of the Estate of Sarah Morcos, filed a petition on October 6, 2016, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that an influenza vaccine administered on October 11, 2013, caused Ms.

Morcos to develop transverse myelitis and subsequently die. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Ms.

Morcos's transverse myelitis or her death. Despite the respondent's denial, the parties reached a joint stipulation for damages.

The stipulation stated that the petitioner would receive a lump sum payment of $300,000.00, representing compensation for all damages available under the program. Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court, ordering that judgment be entered accordingly.

The case was compensated based on this stipulation. Petitioner's counsel was John R.

Howie, Jr. of Howie Law, PC, and respondent's counsel was Heather L. Pearlman of the United States Department of Justice.

Theory of causation

Petitioner alleged that an influenza vaccine administered on October 11, 2013, caused Sarah Morcos to develop transverse myelitis and subsequently die. Respondent denied that the vaccine caused the transverse myelitis or death. The parties reached a joint stipulation for damages, agreeing to an award of $300,000.00. The Special Master adopted the stipulation as the decision of the Court. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. The case was compensated via stipulation. Special Master Herbrina Sanders issued the decision on June 8, 2017. Petitioner was represented by John R. Howie, Jr., and Respondent was represented by Heather L. Pearlman.

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