Carmine Maiorano v. HHS - Influenza, transverse myelitis (2023)

Filed 2019-09-06Decided 2023-08-31Vaccine Influenza
compensated$262,953

Case summary [AI summaries can sometimes make mistakes]

Carmine Maiorano filed a petition on September 6, 2019, alleging that the influenza vaccine he received on September 22, 2016, caused him to suffer from transverse myelitis (TM) and that the injury lasted for more than six months. The respondent denied that the flu vaccine caused Petitioner's TM or any other injury.

On July 21, 2023, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation to Petitioner. The stipulation stated that Petitioner would receive a lump sum of $262,953.35 for first-year life care expenses, pain and suffering, and past unreimbursable expenses, and an additional amount to purchase an annuity contract.

Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court, ordering that judgment be entered in accordance with the terms of the stipulation. Petitioner was represented by Lawrence R.

Cohan of Saltz Mongeluzzi & Bendesky, and Respondent was represented by Catherine E. Stolar of the United States Department of Justice.

The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the mechanism of injury. The public decision does not name any medical experts.

Theory of causation

Petitioner Carmine Maiorano alleged that the influenza vaccine administered on September 22, 2016, caused transverse myelitis (TM), with an injury lasting more than six months. Respondent denied causation. The parties reached a stipulation for compensation, agreeing to a lump sum of $262,953.35 for first-year life care expenses, pain and suffering, and past unreimbursable expenses, plus an amount for an annuity. Special Master Herbrina Sanders adopted the stipulation as the decision of the Court on August 31, 2023. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, nor does it provide a breakdown of the award beyond the initial lump sum components.

Source PDFs 3 total · 2 downloaded