Marla Davis v. HHS - Hepatitis B, transverse myelitis (2023)
Case summary [AI summaries can sometimes make mistakes]
Marla Davis filed a petition on February 23, 2018, alleging she suffered transverse myelitis (TM) as a result of a hepatitis B vaccine administered on August 13, 2015. She also received an influenza vaccine on September 21, 2015.
Ms. Davis alleged in the alternative that the flu and/or hepatitis B vaccine significantly aggravated her TM.
The respondent denied that the vaccines caused or aggravated her TM or any other injury. The parties reached a stipulation recommending an award of compensation.
The Special Master found the stipulation reasonable and adopted it. Ms.
Davis was awarded a lump sum of $192,000.00 as compensation for all damages available under the National Vaccine Injury Compensation Program. The judgment was entered in accordance with the stipulation.
Petitioner counsel was Bridget Candace McCullough of Muller Brazil, LLP, and respondent counsel was Jennifer Leigh Reynaud of the U.S. Department of Justice.
The Special Master was Nora Beth Dorsey.
Theory of causation
Petitioner Marla Davis alleged transverse myelitis (TM) as a result of a hepatitis B vaccine administered on August 13, 2015, and alternatively alleged that the hepatitis B and/or influenza vaccine administered on September 21, 2015, significantly aggravated her TM. Respondent denied causation. The parties reached a stipulation for compensation, which the Special Master adopted. Petitioner was awarded $192,000.00. The public decision does not describe the specific medical mechanism, expert testimony, or clinical details of the alleged injury or its aggravation.
Source PDFs
USCOURTS-cofc-1_18-vv-00283