Vilai Thomas v. HHS - Influenza, transverse myelitis (2019)
Case summary [AI summaries can sometimes make mistakes]
Vilai Thomas filed a petition for compensation under the National Vaccine Injury Compensation Program on December 21, 2016, alleging that she suffered transverse myelitis caused by her receipt of the influenza vaccine on October 22, 2015. She further alleged that she experienced residual effects from this injury for more than six months.
The respondent denied that the flu vaccine caused her alleged injury or any other injury. Nevertheless, on July 29, 2019, the parties filed a joint stipulation for damages.
Special Master Daniel T. Horner found the stipulation reasonable and adopted it as the decision of the Court.
Pursuant to the stipulation, Vilai Thomas was awarded $60,000.00 as a lump sum payment, payable to the petitioner. This amount represented all remaining compensation for damages available under § 15(a).
The decision was entered on July 29, 2019. Petitioner's counsel was Anne Carrion Toale of Maglio Christopher & Toale, PA.
Respondent's counsel was Jennifer Leigh Reynaud of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Vilai Thomas alleged that her transverse myelitis was caused by the influenza vaccine administered on October 22, 2015, and that she experienced residual effects for more than six months. The respondent denied causation. The parties filed a joint stipulation for damages, which was adopted by Special Master Daniel T. Horner. The stipulation resulted in an award of $60,000.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the medical evidence considered. The attorneys involved were Anne Carrion Toale for the petitioner and Jennifer Leigh Reynaud for the respondent. The decision date was July 29, 2019.
Source PDFs
USCOURTS-cofc-1_16-vv-01677