Rebecca Tell v. HHS - Influenza, transverse myelitis or clinically isolated syndrome that placed her at a higher risk for development of multiple sclerosis (2023)
Case summary [AI summaries can sometimes make mistakes]
Rebecca Tell filed a petition for compensation under the National Vaccine Injury Compensation Program on May 18, 2017. She alleged that she suffered transverse myelitis (TM) or clinically isolated syndrome (CIS) following an influenza vaccine, and that this condition placed her at a higher risk for developing multiple sclerosis (MS).
The petition stated that her condition had residual effects for more than six months, that there had been no prior award or settlement of a civil action for damages, and that her vaccine was administered in the United States. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's TM, CIS, MS, or any other injury, and denied that the vaccine significantly aggravated any alleged injury or condition, or that her current condition was a sequela of a vaccine-related injury.
Despite the respondent's denials, the parties filed a joint stipulation for damages on February 6, 2023. Special Master Daniel T.
Horner reviewed the stipulation and found it reasonable. On February 6, 2023, the court adopted the stipulation and awarded Rebecca Tell a lump sum of $95,000.00, payable by check to the petitioner.
This amount was stated to represent compensation for all items of damages available under the Vaccine Act. The decision was entered by Special Master Daniel T.
Horner.
Source PDFs
USCOURTS-cofc-1_17-vv-00652