Marie Altema v. HHS - Influenza, Transverse Myelitis (2020)
Case summary [AI summaries can sometimes make mistakes]
Marie Altema filed a petition for compensation under the National Vaccine Injury Compensation Program on September 18, 2017, alleging that the influenza vaccine she received on October 29, 2015, caused her to develop Transverse Myelitis (TM). She further alleged that she experienced residual effects from the injury for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her TM or any other injury. However, the parties reached a stipulation for an award.
The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Marie Altema was awarded $200,000.00 as compensation for all damages available under the program.
The decision was entered on February 28, 2020, with judgment to be entered in accordance with the stipulation. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of injury.
Petitioner was represented by Isaiah Richard Kalinowski of Maglio, Christopher & Toale, and Respondent was represented by Debra A. Filteau Begley of the United States Department of Justice.
Special Master Herbrina Sanders issued the decision.
Theory of causation
Petitioner Marie Altema alleged that the influenza vaccine administered on October 29, 2015, caused her to develop Transverse Myelitis (TM) and experience residual effects for more than six months. The respondent denied causation. The parties filed a joint stipulation for award, which the Special Master adopted. The public text does not detail the specific theory of causation, medical experts, or the mechanism of injury. The award was a lump sum of $200,000.00 for all damages. Special Master Herbrina Sanders issued the decision on February 28, 2020. Petitioner's counsel was Isaiah Richard Kalinowski, and Respondent's counsel was Debra A. Filteau Begley.
Source PDFs
USCOURTS-cofc-1_17-vv-01286