Genevieve Costabile v. HHS - Influenza, left brachial plexopathy (2021)
Case summary [AI summaries can sometimes make mistakes]
Genevieve Costabile, an adult, filed a petition for compensation within the National Vaccine Injury Compensation Program on April 17, 2019. The petition sought compensation for injuries allegedly related to the receipt of an influenza (flu) vaccine on September 18, 2017.
The flu vaccine is listed on the Vaccine Injury Table. Ms.
Costabile alleged that she suffered a left brachial plexopathy as a result of the vaccination and experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that Ms.
Costabile sustained a left brachial plexopathy or any other injury caused by the vaccine. However, the parties entered into a stipulation to resolve the case.
Special Master Thomas L. Gowen adopted the stipulation.
The decision does not describe the specific onset of symptoms, medical examinations, or treatments. The public decision does not name petitioner's counsel or respondent's counsel.
The stipulation awarded Genevieve Costabile a lump sum of $46,258.78, payable by check to the petitioner, as compensation for all damages. This decision was issued on January 26, 2021.
Theory of causation
Petitioner Genevieve Costabile received an influenza vaccine on September 18, 2017, and alleged a resulting left brachial plexopathy with residual effects lasting more than six months. The influenza vaccine is on the Vaccine Injury Table. The respondent denied causation. The parties stipulated to a resolution, and Special Master Thomas L. Gowen adopted the stipulation. The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the petitioner's claim or the respondent's denial. The award was $46,258.78 as a lump sum. The petition was filed on April 17, 2019, and the decision was issued on January 26, 2021. Petitioner counsel was Ronald C. Homer and respondent counsel was Lynn C. Schlie.
Source PDFs
USCOURTS-cofc-1_19-vv-00578