Ramon Cuevas v. HHS - Influenza, transverse myelitis (2019)
Case summary [AI summaries can sometimes make mistakes]
On October 6, 2017, Ramon Cuevas filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he developed transverse myelitis (TM) after receiving an influenza vaccine on October 30, 2014. The respondent, the Secretary of Health and Human Services, denied that the immunization caused the petitioner's injury.
The parties subsequently reached a settlement. On November 5, 2019, they filed a joint stipulation outlining the terms of the settlement.
As part of the agreement, the respondent agreed to pay Mr. Cuevas a lump sum of $330,000.00, payable to him, as compensation for all damages.
Special Master Mindy Michaels Roth adopted the stipulation and awarded the compensation. The decision was filed on December 2, 2019.
The public decision does not describe the specific onset of symptoms, clinical details of the transverse myelitis, any diagnostic tests performed, or treatments received. No expert witnesses were named in the public decision, and the specific mechanism of causation was not detailed.
Theory of causation
Petitioner Ramon Cuevas alleged he developed transverse myelitis (TM) after receiving an influenza vaccine on October 30, 2014. Respondent denied causation. The parties reached a settlement, and a joint stipulation was filed on November 5, 2019. Respondent agreed to pay petitioner a lump sum of $330,000.00 as compensation for all damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded the compensation on December 2, 2019. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The settlement was reached without a determination of causation by the Special Master.
Source PDFs
USCOURTS-cofc-1_17-vv-01469