Rafael Garcia v. HHS - Menactra, Acute Transverse Myelitis (2025)

Filed 2024-09-09Decided 2025-05-20Vaccine Menactra
compensated$65,000

Case summary [AI summaries can sometimes make mistakes]

Rafael Garcia filed a petition for compensation under the National Vaccine Injury Compensation Program on October 13, 2021, alleging that he suffered from Acute Transverse Myelitis as a result of receiving the Menactra vaccine on May 25, 2019. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the petitioner's transverse myelitis or any other injury.

Despite maintaining their respective positions, the parties reached a stipulation to settle the issues between them. The stipulation provided for a lump sum payment of $65,000.00 to the petitioner, representing compensation for all damages available under the program.

Special Master Thomas L. Gowen adopted the parties' stipulation and awarded compensation accordingly, ordering judgment to be entered in accordance with the terms of the stipulation and the decision.

The decision date was May 20, 2025. The public decision does not describe the petitioner's counsel, respondent's counsel, the specific onset of symptoms, medical tests, treatments, or expert witnesses.

The specific mechanism of causation is not detailed in the public decision.

Theory of causation

Petitioner Rafael Garcia alleged that he suffered from Acute Transverse Myelitis as a result of receiving the Menactra vaccine on May 25, 2019. The respondent denied that the vaccine caused the alleged injury. The parties reached a stipulation to settle the case, agreeing to an award of $65,000.00. Special Master Thomas L. Gowen adopted the stipulation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury. The award was a lump sum of $65,000.00. The decision date was May 20, 2025. Petitioner's counsel was Michael Baseluos, and respondent's counsel was Lynn Schlie.

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