M.B. v. HHS - Influenza, myositis (2019)

On October 15, 2018, Scott and Candy Bowsher, as natural parents on behalf of their minor child M.B., filed a petition for compensation under the National Childhood Vaccine Injury Act. They alleged that M.B. developed myositis after receiving an influenza vaccine on October 27, 2015.

The respondent, the Secretary of Health and Human Services, denied that the vaccination caused M.B.'s alleged myositis or any other injury or current condition. The parties subsequently filed a joint stipulation to settle the case.

The respondent agreed to pay a lump sum of $165,000.00, payable to the petitioners as legal guardian(s)/conservator(s) of M.B. for M.B.'s benefit, as compensation for all damages available under the Act. Special Master Mindy Michaels Roth adopted the stipulation and awarded the compensation on July 30, 2019.

The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. The attorneys involved were Kathy Lee, Esq., of Cline, Farrell, et al., for the petitioners, and Julia Collison, Esq., of the U.S.

Department of Justice, for the respondent.