Sherri Staveski v. HHS - Influenza, optic neuritis (2023)
Case summary [AI summaries can sometimes make mistakes]
Sherri Staveski filed a petition for compensation under the National Vaccine Injury Compensation Program on December 23, 2019. She alleged that she suffered optic neuritis, which was caused or significantly aggravated by an influenza vaccine she received on December 29, 2017.
Ms. Staveski further alleged that she experienced residual effects from the condition for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or significantly aggravated petitioner's optic neuritis and alleged residual effects, or any other injury. Despite these opposing positions, the parties reached a joint stipulation to settle the case.
Special Master Daniel T. Horner reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
Pursuant to the stipulation, Ms. Staveski was awarded a lump sum of $90,000.00, payable to her, as compensation for all damages available under the program.
This award represents a negotiated settlement of liability and damages. The decision was issued on July 5, 2023.
Petitioner was represented by Mark T. Sadaka of Sadaka Associates LLC, and respondent was represented by Voris E.
Johnson, Jr. of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Sherri Staveski alleged that an influenza vaccine administered on December 29, 2017, caused or significantly aggravated her optic neuritis, with residual effects lasting more than six months. The respondent denied causation. The case was resolved via joint stipulation, with Special Master Daniel T. Horner adopting the stipulation as the decision of the Court. The stipulation stated that the parties maintained their positions but agreed to settle. Petitioner was awarded $90,000.00 as compensation for all damages under 42 U.S.C. § 300aa-15(a). The theory of causation was based on the Vaccine Injury Table (Table), as indicated by the stipulation referencing 42 C.F.R. §100.3(a). The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. Attorneys for petitioner were Mark T. Sadaka and for respondent was Voris E. Johnson, Jr. The decision date was July 5, 2023.
Source PDFs
USCOURTS-cofc-1_19-vv-01949