Paul E. Roy v. HHS - Influenza, cellulitis (2021)
Case summary [AI summaries can sometimes make mistakes]
On March 9, 2017, James J. Roy and Mary Ann Boger, as administrators and legal representatives of the estate of Paul E.
Roy, filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that Mr.
Roy developed cellulitis after receiving an influenza vaccine on October 2, 2014, and that his death on March 9, 2015, was a sequela of this alleged vaccine-related injury. The respondent denied that the influenza vaccine caused Mr.
Roy's cellulitis, any other injury, or his death. The parties subsequently reached a joint stipulation to settle the case.
Under the terms of the stipulation, the respondent agreed to pay a lump sum of $50,000.00 to the Estate of Paul E. Roy as compensation for all damages.
Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation in the agreed-upon amount. The decision was issued on December 9, 2021.
Ramon Rodriguez III, Esq., represented the petitioner, and Adriana Teitel, Esq., represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation.
Theory of causation
Petitioners alleged that Paul E. Roy developed cellulitis after receiving an influenza vaccine on October 2, 2014, and that his death on March 9, 2015, was a sequela of this alleged vaccine-related injury. The respondent denied causation. The case was settled via joint stipulation for a lump sum of $50,000.00 to the Estate of Paul E. Roy. The influenza vaccine is contained in the Vaccine Injury Table. The public decision does not name specific medical experts or detail the mechanism of causation. The decision was issued by Special Master Mindy Michaels Roth on December 9, 2021. Petitioner counsel was Ramon Rodriguez III, Esq., and respondent counsel was Adriana Teitel, Esq.
Source PDFs
USCOURTS-cofc-1_17-vv-00323