Jose Monsalvez v. HHS - Influenza, neuromuscular weakness and pain (2021)
Case summary [AI summaries can sometimes make mistakes]
Jose Monsalvez filed a petition on July 20, 2017, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered from neuromuscular weakness and pain as a result of an influenza vaccine he received on October 22, 2014.
The respondent denied that the influenza vaccine caused Mr. Monsalvez's condition or any other injury.
Despite maintaining their respective positions, both parties agreed to settle the case through a joint stipulation dated July 20, 2021. Special Master Katherine E.
Oler reviewed the file and concluded that the stipulation was reasonable, adopting it as the decision of the court. The stipulation awarded Mr.
Monsalvez a lump sum of $2,500.00, payable to him, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was issued on September 2, 2021.
The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert testimony. Jessica Olins of Maglio, Christopher & Toale P.A. represented the petitioner, and Laurie Wiesner of the U.S.
Department of Justice represented the respondent.
Theory of causation
Jose Monsalvez alleged that an influenza vaccine administered on October 22, 2014, caused his condition of neuromuscular weakness and pain. The respondent denied causation. The parties reached a settlement via stipulation, and Special Master Katherine E. Oler adopted the stipulation as the decision, awarding $2,500.00 in damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury. The award was made pursuant to a stipulation, not a finding of causation on the merits. The decision was issued on September 2, 2021. Petitioner counsel was Jessica Olins, and respondent counsel was Laurie Wiesner.
Source PDFs
USCOURTS-cofc-1_17-vv-01583