Steven Jenkins v. HHS - Influenza, transverse myelitis (2020)
Case summary [AI summaries can sometimes make mistakes]
Steven Jenkins filed a petition for compensation on December 6, 2016, alleging that the influenza vaccine he received on October 20, 2015, caused him to develop transverse myelitis (TM) and experience residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's alleged TM or any other injury.
However, on November 22, 2019, the parties filed a stipulation for award. Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court.
The stipulation provided for compensation to Petitioner, including a lump sum of $355,744.28. This lump sum represented compensation for first-year life care expenses ($110,673.52), pain and suffering ($170,000.00), and past unreimbursable expenses ($75,070.76).
Additionally, an amount sufficient to purchase an annuity contract for future damages was to be paid to a life insurance company. This award was made on the terms set forth in the stipulation, and judgment was entered accordingly.
Petitioner's counsel was Danielle Strait of Maglio Christopher & Toale, and respondent's counsel was Mallori Openchowski of the United States Department of Justice.
Theory of causation
Petitioner Steven Jenkins alleged that the influenza vaccine received on October 20, 2015, caused transverse myelitis (TM). Respondent denied causation. The parties filed a stipulation for award, agreeing to compensation without admitting causation. The public decision does not describe the specific theory of causation, medical experts, or the mechanism of injury. The award included a lump sum of $355,744.28 for first-year life care expenses, pain and suffering, and past unreimbursable expenses, plus an amount for an annuity contract for future damages. The decision was issued by Special Master Herbrina Sanders on January 10, 2020, based on a stipulation filed November 22, 2019. Petitioner's counsel was Danielle Strait, and respondent's counsel was Mallori Openchowski.
Source PDFs
USCOURTS-cofc-1_16-vv-01614