Joe H. Castillo v. HHS - Influenza, Transverse Myelitis (2023)
Case summary [AI summaries can sometimes make mistakes]
Joe H. Castillo filed a petition on January 23, 2018, alleging that he suffered from Transverse Myelitis (TM) as a result of receiving the influenza vaccine on January 23, 2015.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Castillo's TM or any other condition.
Despite maintaining their respective positions, the parties reached a stipulation to settle the case and award compensation. The stipulation provided for a lump sum of $329,906.79, representing compensation for first-year life care expenses ($34,953.54) and all remaining damages ($294,953.25), payable to Mr.
Castillo. Additionally, an amount sufficient to purchase an annuity contract was to be paid to a life insurance company.
Special Master Thomas L. Gowen adopted the stipulation and ordered judgment entered in accordance with its terms on June 27, 2023.
Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Colleen Clemons Hartley of the U.S.
Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, or treatments.
The specific mechanism of causation was not detailed in the public decision.
Theory of causation
Petitioner Joe H. Castillo alleged that the influenza vaccine administered on January 23, 2015, caused him to suffer from Transverse Myelitis (TM). The respondent denied causation. The parties reached a stipulation to settle the case, agreeing to an award of compensation without admitting causation. The award consisted of a lump sum of $329,906.79 for first-year life care expenses and all remaining damages, plus an amount for an annuity. Special Master Thomas L. Gowen adopted the stipulation on June 27, 2023. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the TM. Petitioner was represented by Leah VaSahnja Durant and respondent by Colleen Clemons Hartley.
Source PDFs
USCOURTS-cofc-1_18-vv-00115