Clarence Deacon v. HHS - Influenza, Transverse Myelitis (2022)
Case summary [AI summaries can sometimes make mistakes]
Clarence Deacon filed a petition for compensation under the National Vaccine Injury Compensation Program on July 14, 2020, alleging that he suffered Transverse Myelitis (TM) caused-in-fact by his August 26, 2017 influenza vaccination. He further alleged that he experienced residual effects for more than six months.
The respondent denied that the flu vaccine caused petitioner's TM or its residual effects. Despite the denial, the parties filed a joint stipulation for damages on June 17, 2022.
Special Master Daniel T. Horner found the stipulation reasonable and adopted it as the decision of the Court.
Clarence Deacon was awarded $75,000.00 as a lump sum and $2,171.42 to reimburse a Medicaid lien, totaling $77,171.42. This compensation covers all items of damages available under § 15(a).
The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Ronald Craig Homer represented the petitioner, and Jennifer Reynaud represented the respondent.
Theory of causation
Petitioner Clarence Deacon alleged that his August 26, 2017 influenza vaccination caused Transverse Myelitis (TM) and its residual effects, which he experienced for more than six months. Respondent denied causation. The parties filed a joint stipulation for damages, which Special Master Daniel T. Horner found reasonable and adopted. The award totaled $77,171.42 ($75,000.00 lump sum and $2,171.42 for a Medicaid lien). The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The case was resolved via stipulation, not litigation on the merits of causation. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Jennifer Reynaud. Special Master Daniel T. Horner issued the decision on July 12, 2022.
Source PDFs
USCOURTS-cofc-1_20-vv-00858