Susan Ross v. HHS - Influenza, transverse myelitis (2023)
Case summary [AI summaries can sometimes make mistakes]
On November 7, 2016, Susan Ross filed a petition seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she suffered from transverse myelitis as a result of an influenza vaccination received on November 13, 2013.
The respondent denied that the vaccine caused Petitioner's condition. However, both parties agreed to settle the case through a joint stipulation filed on December 16, 2022.
Special Master Katherine E. Oler reviewed the file and found the stipulation to be reasonable, adopting it as the decision of the court.
The award includes a lump sum of $148,022.71 payable to Petitioner and an amount sufficient to purchase an annuity contract. This award is intended to compensate for all damages available under the program.
The decision was entered on February 3, 2023. Petitioner was represented by Ronald Craig Homer of Conway, Homer, PC, and Respondent was represented by Colleen Clemons Hartley of the U.S.
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 Susan Ross alleged that an influenza vaccine administered on November 13, 2013, caused her to suffer from transverse myelitis. Respondent denied causation. The parties reached a settlement via joint stipulation, agreeing to an award without admitting or denying causation. Special Master Katherine E. Oler adopted the stipulation as her decision. The award consists of a lump sum of $148,022.71 payable to Petitioner and an amount sufficient to purchase an annuity contract. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury.
Source PDFs
USCOURTS-cofc-1_16-vv-01468