Annemone Mohler v. HHS - Influenza, polymyalgia rheumatica (2018)
Case summary [AI summaries can sometimes make mistakes]
Annemone Mohler filed a petition for compensation under the National Vaccine Injury Compensation Program on October 26, 2016. Petitioner alleged that she suffered from polymyalgia rheumatica (PMR) as a result of an influenza vaccine administered on or about November 12, 2013.
The respondent denied that the vaccine caused her PMR or any other injury, and further denied that her current disabilities were a sequela of a vaccine-related injury. Despite these positions, the parties reached a joint stipulation to settle the issues and award compensation.
The stipulation awarded petitioner a lump sum of $50,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Special Master Thomas L.
Gowen found the stipulation reasonable and adopted it as the decision of the Court, ordering judgment to be entered in accordance with the stipulation. The parties renounced their right to seek review, expediting the entry of judgment.
Petitioner's counsel was Amy A. Senerth of Muller Brazil, LLP.
Respondent's counsel was Mallory Browne Openchowski of the United States Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Annemone Mohler alleged that an influenza vaccine administered on or about November 12, 2013, caused her to suffer from polymyalgia rheumatica (PMR). Respondent denied causation. The parties reached a joint stipulation to settle the case, awarding petitioner $50,000.00 for all damages. Special Master Thomas L. Gowen adopted the stipulation as the Court's decision. The public text does not specify the theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the PMR. The award was based on a joint stipulation, not a finding of causation after litigation.
Source PDFs
USCOURTS-cofc-1_16-vv-01404