Jian Feng Yu v. HHS - Influenza, multifocal acquired demyelinating sensory and motor polyneuropathy (MADSAM) (2023)
Case summary [AI summaries can sometimes make mistakes]
Jian Feng Yu filed a petition on October 5, 2023, seeking compensation under the National Vaccine Injury Compensation Program. Mr.
Yu alleged that he suffered injuries, including multifocal acquired demyelinating sensory and motor polyneuropathy (MADSAM), as a result of an influenza vaccination received on or about September 22, 2018. The respondent, the Secretary of Health and Human Services, denied that the flu immunization caused Mr.
Yu's alleged MADSAM or any other injuries. Despite these differing positions, both parties submitted a joint stipulation to the court on October 5, 2023, agreeing that the case could be settled and that a decision should be entered awarding compensation to the petitioner.
Special Master Katherine E. Oler reviewed the stipulation and found it to be reasonable, adopting it as the decision of the court.
The stipulation awarded Jian Feng Yu a lump sum of $65,000.00, payable by check to the petitioner, as compensation for all damages available under the National Vaccine Injury Compensation Program. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury.
The attorneys involved were Michael Firestone, Marvin Firestone, MD, JD and Associates for the petitioner, and Ryan Pyles from the U.S. Department of Justice for the respondent.
Theory of causation
Petitioner Jian Feng Yu alleged that an influenza vaccination received on or about September 22, 2018, caused multifocal acquired demyelinating sensory and motor polyneuropathy (MADSAM). Respondent denied causation. The parties reached a settlement via joint stipulation, agreeing to an award of $65,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The award was made pursuant to a joint stipulation, approved by Special Master Katherine E. Oler on November 2, 2023, with attorneys Michael Firestone and Marvin Firestone, MD, JD and Associates representing the petitioner, and Ryan Pyles representing the respondent.
Source PDFs
USCOURTS-cofc-1_21-vv-02026