Marie Cavallaro v. HHS - Influenza, inflammatory polyneuropathy (2017)

Filed 2017-10-05Decided 2017-11-14Vaccine Influenza
compensated$373,139death

Case summary [AI summaries can sometimes make mistakes]

On November 10, 2016, Doreen Stewart, as Administrator of the Estate of Marie Cavallaro, filed a petition with the National Vaccine Injury Compensation Program. The petition alleged that Ms.

Cavallaro suffered from an inflammatory polyneuropathy, which led to her death, as a result of an influenza vaccine received on September 24, 2014. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms.

Cavallaro's condition or death. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on October 5, 2017.

Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the court.

The stipulation awarded a lump sum of $370,000.00 for all available damages, payable to Petitioner as the legal representative of the Estate of Marie Cavallaro. Additionally, a lump sum of $3,139.83 was awarded to reimburse the State of New York Medicaid lien, payable jointly to Petitioner and the New York State Department of Health.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the names of any medical experts consulted. The specific mechanism by which the vaccine allegedly caused the injury is also not detailed in the public decision.

Judgment was entered accordingly.

Theory of causation

Petitioner alleged that Marie Cavallaro suffered from inflammatory polyneuropathy leading to her death as a result of an influenza vaccine received on September 24, 2014. Respondent denied causation. The parties reached a stipulation for settlement on October 5, 2017. The stipulation awarded a lump sum of $370,000.00 for all damages and $3,139.83 for the State of New York Medicaid lien. Special Master Brian H. Corcoran adopted the stipulation as the decision. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.

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