T.M. v. HHS - Influenza, transverse myelitis (2021)

Filed 2016-11-07Decided 2021-09-16Vaccine Influenza
compensated$151,156

Case summary [AI summaries can sometimes make mistakes]

On November 7, 2016, Mohammed K. Alam and Jannatul Ferdoushi, as parents and natural guardians of T.M., filed a petition for compensation under the National Vaccine Injury Program.

T.M. received an influenza vaccine on November 8, 2013. The petitioners alleged that T.M. suffered from transverse myelitis as a result of this vaccination.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused T.M.'s transverse myelitis or any other injury. However, the parties reached a stipulation to settle the case.

The stipulation provided for a total award of $151,156.00. This amount included $131,156.00 for first-year life care expenses ($6,156.00) and pain and suffering ($125,000.00), to be paid to the parents as guardians of T.M.'s estate, contingent upon their appointment as such.

Additionally, $20,000.00 was awarded to reimburse a lien for services rendered to T.M., payable jointly to the parents and the Department of Social Services, with petitioners agreeing to endorse this check to the Department of Social Services. The stipulation also included an amount sufficient to purchase an annuity contract for future damages.

Special Master Thomas L. Gowen adopted the stipulation and ordered judgment to be entered, awarding compensation to the petitioners.

The decision date was September 16, 2021. Petitioner counsel was Robert J.

Krakow. Respondent counsel was Traci R.

Patton.

Theory of causation

Petitioners alleged that T.M. suffered from transverse myelitis as a result of receiving an influenza vaccine on November 8, 2013. Respondent denied that the vaccine caused the injury. The parties reached a stipulation for settlement, agreeing to an award of $151,156.00, which included $131,156.00 for first-year life care expenses and pain and suffering, $20,000.00 for reimbursement of a lien, and an amount for an annuity contract for future damages. Special Master Thomas L. Gowen adopted the stipulation and ordered judgment on September 16, 2021. The public decision does not describe the specific medical mechanism or expert testimony regarding causation. Petitioner counsel was Robert J. Krakow, and respondent counsel was Traci R. Patton.

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