C.Y.Y. v. HHS - Influenza, transverse myelitis (“TM”), quadriparesis, and acute disseminated encephalomyelitis (“ADEM”) (2020)

Filed 2019-06-18Decided 2020-06-16Vaccine Influenza
compensated$72,575

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 June 16, 2020.

Theory of causation

The petition alleged that the influenza vaccine administered on September 15, 2016, caused the minor C.Y.Y. to suffer transverse myelitis (TM), quadriparesis, and acute disseminated encephalomyelitis (ADEM), with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. The respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Christian J. Moran. The award was $72,575.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, but notes the condition is covered by the Vaccine Injury Table. Petitioners were represented by Robert Oushalem, and Respondent by Dhairya D. Jani. The decision date was June 16, 2020.

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