E.M. v. HHS - Influenza, allergic reaction and related sequelae, including but not limited to hypersensitivity dermatographism, fatigue, myalgia, ocular itching and swelling, exertional dyspnea, anxiety, and parethesias (2021)
Case summary [AI summaries can sometimes make mistakes]
E.M. filed a petition on August 8, 2018, alleging that an influenza vaccine administered on October 13, 2016, caused an allergic reaction and related sequelae. The alleged conditions included hypersensitivity dermatographism, fatigue, myalgia, ocular itching and swelling, exertional dyspnea, anxiety, and paresthesias.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused these conditions or any other injury to the petitioner. Despite the respondent's denial, the parties reached a stipulation for compensation.
Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation provided for a lump sum payment of $50,000.00, payable to E.M.
This amount is intended to compensate for all damages available under the National Vaccine Injury Compensation Program. The parties agreed to waive their right to seek review, allowing for expedited judgment.
The decision was originally filed on October 26, 2021, and refiled in redacted form on December 3, 2021. Ronald Craig Homer represented the petitioner, and Catherine Elizabeth Stolar represented the respondent.
Theory of causation
Petitioner E.M. alleged that an influenza vaccine received on October 13, 2016, caused an allergic reaction and related sequelae, including hypersensitivity dermatographism, fatigue, myalgia, ocular itching and swelling, exertional dyspnea, anxiety, and paresthesias. The respondent denied causation. The parties filed a stipulation for compensation, which was adopted by Special Master Nora Beth Dorsey. The stipulation did not detail a specific theory of causation or name any experts. The award was a lump sum of $50,000.00, representing compensation for all damages under 42 U.S.C. § 300aa-15(a). The decision date was December 3, 2021. Petitioner's counsel was Ronald Craig Homer, and respondent's counsel was Catherine Elizabeth Stolar.
Source PDFs
USCOURTS-cofc-1_18-vv-01153