Victor Morales v. HHS - Influenza, transverse myelitis (2018)
Case summary [AI summaries can sometimes make mistakes]
Victor Morales filed a petition on May 25, 2017, alleging that the influenza vaccine he received on or about September 3, 2015, caused him to suffer transverse myelitis, with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table.
Respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated Mr. Morales's alleged injury.
Despite this denial, the parties reached a joint stipulation to resolve the case. Special Master Christian J.
Moran reviewed and adopted the stipulation. The court awarded Mr.
Morales $100,000.00 as compensation for all damages, to be paid as a lump sum via check. This award is intended to cover all damages available under the National Vaccine Injury Compensation Program.
The decision was filed on December 18, 2018. Petitioner was represented by Diana L.
Stadelnikas of Maglio, Christopher & Toale, and Respondent was represented by Glenn A. MacLeod of the United States Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Victor Morales alleged that the influenza vaccine received on or about September 3, 2015, caused transverse myelitis, an injury listed on the Vaccine Injury Table, with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation, which Special Master Christian J. Moran adopted. The stipulation resulted in an award of $100,000.00 as compensation for all damages. Petitioner was represented by Diana L. Stadelnikas, and Respondent by Glenn A. MacLeod. The public decision does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award beyond the lump sum.
Source PDFs
USCOURTS-cofc-1_17-vv-00694