Linda Mae Green v. HHS - Influenza, transverse myelitis leading to quadriplegia, respiratory failure, stroke, and death (2018)

Filed 2017-04-27Decided 2018-06-07Vaccine Influenza
compensated$410,000death

Case summary [AI summaries can sometimes make mistakes]

Roger Green, Executor of the Estate of Linda Mae Green, filed a petition on April 27, 2017, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that Linda Mae Green suffered transverse myelitis (TM), leading to quadriplegia, respiratory failure, stroke, and death, as a result of her influenza vaccine administered on September 3, 2015.

Petitioner further alleged that Ms. Green experienced residual effects from the condition for more than six months.

The respondent denied that the flu vaccine caused Ms. Green's TM or any other injury.

Despite maintaining their respective positions, both parties agreed to settle the case. A stipulation was filed on April 20, 2018, agreeing that a decision should be entered awarding Petitioner compensation.

Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision.

The stipulation awarded a lump sum of $410,000.00 to Petitioner for all damages. Judgment was to be entered accordingly.

The public decision does not describe the onset of symptoms, specific clinical details of the illness, diagnostic tests performed, treatments received, or the mechanism by which the vaccine allegedly caused the injury. The names of petitioner counsel and respondent counsel were Edward M.

Kraus and Daniel Principato, respectively.

Theory of causation

Petitioner alleged that Linda Mae Green suffered transverse myelitis (TM), leading to quadriplegia, respiratory failure, stroke, and death, as a result of her September 3, 2015 influenza vaccine. The public decision does not specify the theory of causation, the mechanism of injury, or any expert testimony presented. The case was settled via stipulation, with the respondent denying causation. Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $410,000.00 to Petitioner for all damages. Petitioner counsel was Edward M. Kraus, and respondent counsel was Daniel Principato.

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