Dorothy Smith v. HHS - Influenza, transverse myelitis (2024)

Dorothy Smith filed a petition for compensation under the National Vaccine Injury Compensation Program on January 8, 2018, alleging that she suffered transverse myelitis as a result of her January 19, 2016, influenza vaccination. She further alleged that she experienced residual effects from the condition for more than six months, that there had been no prior award or settlement of a civil action for damages, and that her vaccine was administered in the United States.

The respondent denied that the flu vaccine caused petitioner's alleged transverse myelitis or its residual effects, and denied that the flu vaccine caused petitioner any other injury or her current condition. Despite the respondent's denial, the parties filed a joint stipulation on January 29, 2024, agreeing that a decision should be entered awarding compensation.

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

Pursuant to the stipulation, Dorothy Smith was awarded a lump sum of $90,000.00, payable by check to the petitioner, representing compensation for all items of damages available under the Vaccine Act. The decision was entered on January 29, 2024.

Petitioner's counsel was Renee Ja Gentry of The Law Office of Renee J. Gentry.

Respondent's counsel was Zoe Wade of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation.