Rebecca Tell v. HHS - Influenza, transverse myelitis or clinically isolated syndrome that placed her at a higher risk for development of multiple sclerosis (2023)

Filed 2017-05-18Decided 2023-03-06Vaccine Influenza
compensated$95,000

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 March 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.

Theory of causation

Petitioner Rebecca Tell alleged that an influenza vaccine caused her to suffer transverse myelitis (TM) or clinically isolated syndrome (CIS), which placed her at a higher risk for developing multiple sclerosis (MS). The respondent denied causation and aggravation. The parties filed a joint stipulation for damages, which was adopted by the Special Master. The public decision does not describe the specific vaccine date, petitioner's age at vaccination, the onset of symptoms, specific clinical findings, diagnostic tests, treatments, or the mechanism of causation. No experts were named in the public decision. The award was a lump sum of $95,000.00, representing compensation for all damages under the Vaccine Act. The decision was entered on March 6, 2023, by Special Master Daniel T. Horner, based on a stipulation filed February 6, 2023. Petitioner's counsel was Renee Gentry, and respondent's counsel was Jamica Littles.

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