George Foster v. HHS - Influenza, Parsonage Turner Syndrome (2020)

Filed 2019-10-04Decided 2020-01-10Vaccine Influenza
compensated$95,000

Case summary [AI summaries can sometimes make mistakes]

George Foster filed a petition on October 4, 2019, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he developed Parsonage Turner Syndrome (PTS) as a result of receiving an influenza vaccine on October 14, 2015.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused Mr. Foster's alleged PTS or any other injury.

Despite maintaining their respective positions, both parties agreed to settle the case via a stipulation filed on October 3, 2019. They stipulated that the issues could be resolved and that a decision should be entered awarding Mr.

Foster compensation. Special Master Katherine E.

Oler reviewed the file and found the stipulation to be reasonable, adopting it as her decision. The stipulation awarded Mr.

Foster a lump sum of $95,000.00, payable by check to the petitioner, representing compensation for all damages available under the National Vaccine Injury Compensation Program. The Special Master approved this award and directed that judgment be entered.

Petitioner's counsel was Anne Carrion Toale of Maglio Christopher and Toale. Respondent's counsel was Claudia Barnes Gangi of the U.S.

Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert witnesses.

Theory of causation

Petitioner George Foster alleged that he developed Parsonage Turner Syndrome (PTS) as a result of receiving an influenza vaccine on October 14, 2015. The respondent denied causation. The parties stipulated to resolve the case, and Special Master Katherine E. Oler adopted the stipulation. The stipulation awarded Petitioner a lump sum of $95,000.00. The public text does not specify the theory of causation, medical experts, or the mechanism of injury. Petitioner's counsel was Anne Carrion Toale, and respondent's counsel was Claudia Barnes Gangi. The decision date was January 10, 2020.

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