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Vaccines

Vaccine Injury Compensation Awarded to Petitioner

Strategic Insights

— 2 min read

Leah V. Durant, the lawyer representing the petitioner, Sheryl Young, filed a petition under the National Vaccine Injury Compensation Program on March 29, 2021, alleging that the petitioner suffered transverse myelitis ("TM") after receiving the influenza ("flu") vaccination on November 27, 2019. The petitioner further alleged that she has experienced residual effects of her condition for more than six months, with no prior award or settlement of a civil action for damages. Respondent denied the allegations, stating that the flu vaccine did not cause the petitioner's alleged TM or its residual effects. On August 4, 2025, the parties filed a joint stipulation, stating that a decision should be entered awarding compensation. The stipulation was found reasonable, and the court awarded the petitioner $86,785.03, to be paid through an ACH deposit to the lawyer's IOLTA account. Additionally, the court awarded reimbursement for services rendered on behalf of the petitioner in the amounts of $4,387.36 and $640.00.

Key Takeaways:

  • The petitioner, Sheryl Young, alleged that she suffered transverse myelitis ("TM") after receiving the influenza ("flu") vaccination on November 27, 2019.
  • The petitioner filed a petition under the National Vaccine Injury Compensation Program on March 29, 2021.
  • The respondent denied the allegations, stating that the flu vaccine did not cause the petitioner's alleged TM or its residual effects.
  • The parties filed a joint stipulation on August 4, 2025, stating that a decision should be entered awarding compensation.
  • The court awarded the petitioner $86,785.03, to be paid through an ACH deposit to the lawyer's IOLTA account.
  • The court awarded reimbursement for services rendered on behalf of the petitioner in the amounts of $4,387.36 and $640.00.
  • These amounts represent compensation for all items of damages that would be available under § 15(a) of the Vaccine Act.
  • The court directed the clerk to enter judgment in accordance with this decision.

Statistics:

  • $86,785.03 awarded to the petitioner as a lump sum payment.
  • $4,387.36 awarded for reimbursement for services rendered on behalf of the petitioner.
  • $640.00 awarded for reimbursement for services rendered on behalf of the petitioner.
  • $236,812.39 total amount awarded to the petitioner and the medical facilities involved.
  • March 29, 2021: The petitioner filed a petition under the National Vaccine Injury Compensation Program.
  • August 4, 2025: The parties filed a joint stipulation stating that a decision should be entered awarding compensation.

Sources:

  • United States Court of Federal Claims
  • OFFICE OF SPECIAL MASTERS No. 21-1126V
  • 42 U.S.C. §300aa-10, et seq. (the "Vaccine Act")
  • Vaccine Rule 18(b)
  • E-Government Act of 2002, 44 U.S.C. § 3501 note (2018)
  • Federal Management and Promotion of Electronic Government Services
  • National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.

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