Ronald Malinski v. HHS - Influenza, transverse myelitis (2021)
Case summary [AI summaries can sometimes make mistakes]
On September 8, 2020, Ronald Malinski filed a petition for compensation under the National Vaccine Injury Program. Mr.
Malinski alleged that he suffered from transverse myelitis as a result of receiving an influenza vaccine on September 11, 2017. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr.
Malinski's alleged injuries. The parties, represented by counsel Leigh Finfer of Muller Brazil, LLP for the petitioner and Mollie D.
Gorney of the U.S. Department of Justice for the respondent, reached a stipulation to settle the case.
On June 8, 2021, the respondent filed a stipulation agreeing that a decision should be entered awarding compensation to Mr. Malinski.
The stipulation provided for a lump sum payment of $123,295.00 to compensate for all damages, including pain and suffering and past unreimbursed expenses. Special Master Thomas L.
Gowen adopted the stipulation and awarded compensation in the agreed-upon amount, ordering judgment to be entered accordingly. The decision was issued on June 29, 2021.
Theory of causation
Petitioner Ronald Malinski received an influenza vaccine on September 11, 2017, and subsequently alleged he suffered from transverse myelitis. The respondent denied causation. The parties reached a stipulation to settle the case, with the respondent agreeing to an award without admitting causation. Special Master Thomas L. Gowen adopted the stipulation on June 29, 2021. The award was a lump sum of $123,295.00 for all damages. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, or treatments.
Source PDFs
USCOURTS-cofc-1_20-vv-01156