Melissa Howie v. HHS - Influenza, significant aggravation of her Multiple Sclerosis (“MS”) and Neuromyelitis Optica (“NMO”) (2021)
Case summary [AI summaries can sometimes make mistakes]
Melissa Howie filed a petition for compensation under the National Vaccine Injury Compensation Program on November 28, 2016. She alleged that she suffered a significant aggravation of her pre-existing Multiple Sclerosis (MS) and Neuromyelitis Optica (NMO) after receiving an influenza vaccination on November 25, 2015.
Ms. Howie stated that she received the vaccine in the United States, experienced residual effects for more than six months, and had no prior award or settlement for her condition.
The respondent denied that the flu vaccine caused her alleged injuries or aggravation of her conditions, and denied that her current condition was a sequelae of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation for compensation on March 2, 2021.
Special Master Daniel T. Horner reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
Pursuant to the stipulation, Melissa Howie was awarded a lump sum of $200,000, payable by check to the petitioner, as compensation for all items of damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment in accordance with this award.
Petitioner was represented by Braden Blumenstiel of DuPont and Blumenstiel, LLC, and respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice.
Theory of causation
Petitioner Melissa Howie alleged that an influenza vaccine administered on November 25, 2015, caused a significant aggravation of her pre-existing Multiple Sclerosis (MS) and Neuromyelitis Optica (NMO). The respondent denied that the vaccine caused the alleged aggravation or any other injury, and denied that the condition was a sequelae of a vaccine-related injury. The parties ultimately filed a joint stipulation for compensation, which Special Master Daniel T. Horner found reasonable and adopted. The stipulation resulted in an award of $200,000 to the petitioner. The specific medical mechanism or expert testimony supporting the petitioner's theory of causation was not detailed in the public decision, as the case was resolved via stipulation. The decision does not describe the onset, symptoms, diagnostic tests, or treatments related to the alleged injury.
Source PDFs
USCOURTS-cofc-1_16-vv-01575