Ruben Abeyta v. HHS - Influenza, Transverse Myelitis (2019)
Case summary [AI summaries can sometimes make mistakes]
Ruben Abeyta filed a petition for compensation under the National Vaccine Injury Compensation Program on April 4, 2017, alleging he developed Transverse Myelitis (TM) after receiving an influenza vaccine on October 28, 2014. The respondent denied that the vaccine caused the alleged injury.
The parties, petitioner Ruben Abeyta and the Secretary of Health and Human Services, reached a settlement agreement and filed a joint stipulation on December 7, 2018. Under the terms of the stipulation, the respondent agreed to pay Mr.
Abeyta a lump sum of $215,000.00, payable by check to the petitioner, as compensation for all available damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation accordingly, directing the clerk of the court to enter judgment.
Ronald C. Homer, Esq. represented the petitioner, and Alexis B.
Babcock, Esq. represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Ruben Abeyta alleged that he developed Transverse Myelitis (TM) after receiving an influenza vaccine on October 28, 2014. The respondent denied causation. The parties reached a settlement, and a joint stipulation was filed on December 7, 2018. The settlement included a lump sum payment of $215,000.00 to the petitioner for all damages. The Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation. The public decision does not specify the theory of causation, the mechanism of injury, or name any medical experts. Petitioner counsel was Ronald C. Homer, Esq., and respondent counsel was Alexis B. Babcock, Esq.
Source PDFs
USCOURTS-cofc-1_17-vv-00477