Karen Zeisler v. HHS - Influenza, transverse myelitis (2023)

Karen Zeisler filed a petition under the National Vaccine Injury Compensation Program on April 12, 2021, alleging that she suffered from transverse myelitis as a result of an influenza vaccine received on September 23, 2019. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms.

Zeisler's transverse myelitis or any other injury. Despite maintaining their respective positions, both parties agreed to settle the case through a joint stipulation filed on June 29, 2023.

Special Master Katherine E. Oler reviewed the file and adopted the parties' stipulation as her decision.

The stipulation awarded Ms. Zeisler a lump sum of $322,735.52, intended to cover first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses.

This lump sum was to be paid as a check to the petitioner. The remainder of the damages was to be paid in the form of an annuity contract, to be purchased as soon as practicable after the entry of judgment.

The Special Master ordered the respondent to purchase an annuity contract from a life insurance company meeting specific financial and rating criteria for the benefit of Karen Zeisler. This award represents compensation for all damages available under 42 U.S.C. § 300aa-15(a).

The Special Master approved the award and directed that judgment be entered, unless a motion for review was filed. Petitioner was represented by Alison Haskins of Maglio Christopher and Toale, and respondent was represented by Sarah Rifkin of the U.S.

Department of Justice.