C.Y.Y. v. HHS - Influenza, transverse myelitis (“TM”), quadriparesis, and acute disseminated encephalomyelitis (“ADEM”) (2020)
Case summary [AI summaries can sometimes make mistakes]
George and Belina Youhana, on behalf of their minor child C.Y.Y., filed a petition on June 18, 2019, alleging that an influenza vaccine administered on September 15, 2016, caused C.Y.Y. to suffer transverse myelitis (TM), quadriparesis, and acute disseminated encephalomyelitis (ADEM). The petitioners further alleged that C.Y.Y. experienced residual effects from these injuries for more than six months and represented that there had been no prior award or settlement of a civil action for damages on C.Y.Y.'s behalf.
The respondent denied that the vaccine caused or significantly aggravated C.Y.Y.'s alleged injuries. The parties subsequently filed a joint stipulation for compensation, which Special Master Christian J.
Moran found to be reasonable and adopted as the decision of the Court. The stipulation awarded C.Y.Y. a lump sum payment of $72,575.00, payable by check to George and Belina Youhana as Guardians/Conservators of the estate of C.Y.Y., for the benefit of C.Y.Y.
This amount was intended as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific onset of symptoms, clinical details, diagnostic tests, treatments, or the mechanism of injury.
The names of the petitioner's counsel were Robert Oushalem, and the respondent's counsel was Dhairya D. Jani.
The decision was filed on May 20, 2020, and the award was issued on May 20, 2020.
Source PDFs
USCOURTS-cofc-1_19-vv-00888