Joyce Carter v. HHS - Influenza, acute demyelinating encephalomyelitis (ADEM) (2019)
Case summary [AI summaries can sometimes make mistakes]
Petitioner Joyce Carter filed a petition on October 27, 2017, alleging that she developed acute demyelinating encephalomyelitis (ADEM) as a result of receiving an influenza vaccine on February 25, 2016. Respondent denied that the vaccine caused petitioner's alleged injury.
On November 18, 2019, the parties filed a stipulation recommending an award of compensation. The Special Master found the stipulation to be reasonable and adopted it as the decision of the Court.
Petitioner was awarded a lump sum of $75,000.00, payable to her, as compensation for all damages. Judgment was to be entered in accordance with the terms of the stipulation.
The public decision does not describe the onset of symptoms, specific clinical findings, or any medical experts. Petitioner was represented by Paul R.
Brazil of Muller Brazil, LLP, and respondent was represented by Debra A. Filteau Begley of the US Department of Justice.
Special Master Nora Beth Dorsey issued the decision.
Theory of causation
Joyce Carter alleged that she developed acute demyelinating encephalomyelitis (ADEM) due to an influenza vaccine received on February 25, 2016. Respondent denied causation. The parties filed a stipulation recommending compensation, which the Special Master adopted. Petitioner was awarded $75,000.00. The public decision does not specify the theory of causation, name any medical experts, or detail the mechanism of injury. The decision was based on a stipulation between the parties, with Special Master Nora Beth Dorsey issuing the decision on December 16, 2019. Petitioner's counsel was Paul R. Brazil, and respondent's counsel was Debra A. Filteau Begley.
Source PDFs
USCOURTS-cofc-1_17-vv-01617