Benjamin Gay v. HHS - Influenza, transverse myelitis (2019)

On September 13, 2018, Benjamin Gay filed a petition in the National Vaccine Injury Compensation Program alleging that he developed transverse myelitis (TM) as a result of receiving an influenza vaccine on January 9, 2017. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr.

Gay's TM. The parties subsequently reached a stipulation, filed on December 4, 2019, recommending an award of compensation to the petitioner.

Special Master Nora Beth Dorsey reviewed the stipulation and found it to be reasonable, adopting it as the decision of the Court. As per the stipulation, Benjamin Gay was awarded a lump sum of $91,829.36, payable by check to the petitioner.

This amount was intended to compensate for all damages available under the Vaccine Act. Both parties agreed to waive their right to seek review of this decision, and judgment was to be entered accordingly.

The public decision does not describe the petitioner's specific symptoms, medical history, diagnostic tests, treatments, or any expert witnesses. Petitioner was represented by David A.

Tierney of Rawls Law Group, and respondent was represented by Mollie D. Gorney of the U.S.

Department of Justice.