Michael Pollio v. HHS - Influenza, multiple sclerosis (MS) and/or clinically isolated syndrome (CIS) (2020)

Filed 2017-10-05Decided 2020-09-23Vaccine Influenza
compensated$60,000

Case summary [AI summaries can sometimes make mistakes]

Michael Pollio filed a petition on October 5, 2017, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered multiple sclerosis (MS) and/or clinically isolated syndrome (CIS) as a result of receiving an influenza vaccine on October 11, 2014.

Mr. Pollio further alleged that he experienced residual effects from the condition for more than six months and that there had been no prior award or settlement for this condition.

The respondent, the Secretary of Health and Human Services, denied that the petitioner's alleged conditions were caused by the flu vaccination. Despite this denial, on September 23, 2020, the parties filed a joint stipulation agreeing that compensation should be awarded.

Special Master Daniel T. Horner reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.

Pursuant to the stipulation, Mr. Pollio was awarded a lump sum of $60,000.00, payable by check to the petitioner, as compensation for all items of damages.

The public decision does not describe the specific onset of symptoms, clinical details, diagnostic tests, treatments, or expert witnesses involved in this case. Philip Dale Russel represented the petitioner, and Debra A.

Filteau Begley represented the respondent.

Theory of causation

Petitioner Michael Pollio alleged that he suffered multiple sclerosis (MS) and/or clinically isolated syndrome (CIS) as a result of receiving an influenza vaccine on October 11, 2014, with residual effects lasting more than six months. The respondent denied that the alleged conditions were caused by the vaccination. The parties filed a joint stipulation on September 23, 2020, agreeing to an award of compensation. Special Master Daniel T. Horner adopted the stipulation as the decision of the Court. The public text does not specify the theory of causation, the mechanism of injury, or any expert testimony. Michael Pollio was awarded $60,000.00 as a lump sum. Philip Dale Russel was petitioner's counsel, and Debra A. Filteau Begley was respondent's counsel. The decision date was September 23, 2020.

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