Leroy Alston v. HHS - Influenza, transverse myelitis (2024)
Case summary [AI summaries can sometimes make mistakes]
Leroy Alston filed a petition for vaccine compensation on July 21, 2022, alleging that an influenza vaccine administered on October 14, 2021, caused him to suffer from transverse myelitis (TM) and that his symptoms persisted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr.
Alston's condition. Despite maintaining their respective positions, the parties reached a joint stipulation to settle the case.
Special Master Christian J. Moran adopted the stipulation as the decision of the Court.
The stipulation awarded Mr. Alston a lump sum of $85,000.00, payable by check, as compensation for all damages available under 42 U.S.C. § 300aa-15(a).
This amount represents a compromise of the parties' positions on liability and damages. The decision was issued on May 23, 2024.
Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Naseem Kourosh of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Leroy Alston alleged that an influenza vaccine administered on October 14, 2021, caused transverse myelitis (TM) and that symptoms persisted for more than six months. The case proceeded as a Table claim, as influenza vaccines are listed in the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation to settle the case, and Special Master Christian J. Moran adopted the stipulation. The award was a lump sum of $85,000.00, representing compensation for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific mechanism of causation, expert testimony, or clinical findings. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Naseem Kourosh. The decision date was May 23, 2024, and the petition was filed on July 21, 2022.
Source PDFs
USCOURTS-cofc-1_22-vv-00790