Patricia L. McAvoy v. HHS - Influenza, cellulitis (2020)

Patricia L. McAvoy, as personal representative of the Estate of Daniel W.

McAvoy, filed a petition on March 8, 2019, alleging that Daniel W. McAvoy suffered cellulitis as a result of receiving an influenza vaccine on October 12, 2016.

The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Mr. McAvoy's alleged cellulitis or any other injury, and also denied that his death was a sequela of an alleged vaccine-related injury.

Despite these denials, the parties reached a stipulation to settle the issues. The stipulation awarded compensation to the petitioner in the amount of $86,599.04, payable as a lump sum check to Patricia L.

McAvoy as personal representative of the estate of Daniel W. McAvoy.

This amount was intended to cover all damages available under 42 U.S.C. § 300aa-15(a). Special Master Thomas L.

Gowen adopted the stipulation and ordered judgment to be entered accordingly on December 17, 2020. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.

The attorneys involved were Andrew D. Downing for the petitioner and Claudia B.

Gangi for the respondent.