Doris Foley v. HHS - Influenza, Transverse Myelitis (2020)
Case summary [AI summaries can sometimes make mistakes]
On February 6, 2020, Petitioner Doris Foley filed a petition seeking compensation under the National Vaccine Injury Compensation Program. Ms.
Foley alleged that she developed Transverse Myelitis (TM) as a result of receiving an influenza vaccine on October 1, 2014. The respondent denied that the flu vaccination caused Ms.
Foley's TM. Despite maintaining their respective positions, both parties agreed to settle the case through a joint stipulation filed on February 5, 2020.
Special Master Katherine E. Oler reviewed the file and found the stipulation to be reasonable, adopting it as the decision.
The stipulation awarded Ms. Foley a lump sum of $170,000.00, payable by check, as compensation for all damages available under 42 U.S.C. § 300aa-15(a).
The case was concluded by this joint stipulation. Ronald Homer of Conway Homer, P.C. represented the Petitioner, and Daniel Principato of the U.S.
Department of Justice represented the Respondent. The public decision was issued on March 9, 2020.
Theory of causation
Petitioner Doris Foley alleged that she developed Transverse Myelitis (TM) as a result of receiving an influenza vaccine on October 1, 2014. The respondent denied that the vaccination caused the alleged TM. The parties reached a settlement via joint stipulation, agreeing that the case could be settled and compensation awarded. The Special Master adopted the stipulation, awarding Petitioner $170,000.00 in a lump sum for all damages. The theory of causation was not detailed in the public decision, but the outcome was compensation, indicating an "Off-Table" determination or a settlement based on potential causation. The public decision does not name specific medical experts or detail the mechanism of injury. The decision was made by Special Master Katherine E. Oler on March 9, 2020, based on a stipulation filed February 5, 2020. Petitioner was represented by Ronald Homer, and Respondent by Daniel Principato.
Source PDFs
USCOURTS-cofc-1_17-vv-00208