Judith Dunn v. HHS - Influenza, transverse myelitis (2019)
Case summary [AI summaries can sometimes make mistakes]
On May 9, 2017, Judith Dunn filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she developed transverse myelitis after receiving an influenza vaccination on or about November 24, 2015. She also received a pneumococcal conjugate vaccine on the same date.
The respondent, the Secretary of Health and Human Services, denied that the immunization caused her injury. However, the parties reached a settlement agreement.
The respondent agreed to pay Ms. Dunn a lump sum of $114,000.00 as compensation for all damages.
Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded the compensation. The clerk of the court was directed to enter judgment in accordance with this decision.
The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses. Petitioner was represented by Amber Wilson, Esq., of Maglio Christopher & Toale, PA, and respondent was represented by Camille Collett, Esq., of the US Department of Justice.
Theory of causation
Petitioner Judith Dunn alleged transverse myelitis following an influenza vaccination on or about November 24, 2015, and a pneumococcal conjugate vaccine on the same date. Respondent denied causation. The parties stipulated to a settlement. The Special Master adopted the stipulation, awarding $114,000.00 in a lump sum. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The outcome was compensated.
Source PDFs
USCOURTS-cofc-1_17-vv-00620