J.S. v. HHS - Influenza, cerebellar ataxia (2023)

On September 21, 2018, Jenelyn Sagala and Michael Sagala, as parents and natural guardians of J.S., filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that their child, J.S., received an influenza vaccine (FluMist) on September 29, 2015, and that this vaccine caused J.S. to suffer from cerebellar ataxia, with the injury lasting for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused J.S.'s condition. Despite the respondent's denial, the parties filed a joint stipulation on June 29, 2023, agreeing to a decision awarding compensation.

Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court. The parties stipulated that J.S. would receive $105,000.00 to purchase an annuity contract, representing compensation for all damages available under the program.

The court approved this amount and ordered that judgment be entered in accordance with the stipulation. Petitioner counsel was Jeffrey S.

Pop, and respondent counsel was David M. O’Dea.