Lavell Maize v. HHS - Influenza, significant aggravation of pre-existing Multiple Sclerosis (MS) (2021)

Lavell Maize filed a petition for vaccine compensation alleging that he suffered a significant aggravation of his pre-existing Multiple Sclerosis (MS) following receipt of an influenza vaccine on December 11, 2014. Mr.

Maize stated that he experienced residual effects of this injury for more than six months and had not received any prior award or settlement. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused any aggravation of Mr.

Maize's MS. Despite this denial, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The court adopted the stipulation, awarding Mr. Maize a lump sum of $130,000.

This amount represents compensation for all items of damages available under the Vaccine Act. The stipulation also noted that the parties would submit to further proceedings for reasonable attorneys' fees and costs.

The case was settled through this stipulation, with the respondent not admitting that the vaccine caused the alleged aggravation.