Emma Patricia Hernandez v. HHS - Influenza, vasculitis (2024)
Case summary [AI summaries can sometimes make mistakes]
Emma Patricia Hernandez filed a petition for compensation under the National Vaccine Injury Compensation Program on June 15, 2020, alleging she developed vasculitis after receiving an influenza vaccine on or about October 12, 2018. The respondent, the Secretary of Health and Human Services, denied that the immunization caused her injury.
The parties, however, reached a settlement agreement. On April 11, 2024, they filed a joint stipulation outlining the settlement terms.
As part of the agreement, the respondent agreed to issue a lump sum payment of $121,797.09, payable to Emma Patricia Hernandez, as compensation for all available damages. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded the compensation.
The clerk of the court was directed to enter judgment in accordance with this decision. The public decision does not describe the petitioner's counsel, respondent's counsel, specific onset of symptoms, medical tests, treatments, or expert witnesses.
The specific mechanism of causation was not detailed in the public decision.
Theory of causation
Petitioner Emma Patricia Hernandez alleged developing vasculitis after receiving an influenza vaccine on or about October 12, 2018. Respondent denied causation. The parties stipulated to settle the case. The public decision does not detail the theory of causation, specific medical experts, or the mechanism of injury. The settlement resulted in a lump sum award of $121,797.09. Special Master Mindy Michaels Roth issued the decision on May 9, 2024, adopting the joint stipulation filed April 11, 2024. Petitioner's counsel was Leigh Finfer, Esq., and respondent's counsel was Mallori Openchowski, Esq.
Source PDFs
USCOURTS-cofc-1_20-vv-00723