The attorneys at mctlaw argue that the Countermeasures Injury Compensation Program (CICP) is a failure and unable to effectively compensate people with COVID-19 vaccine injuries. Instead, these cases should shift to the Vaccine Injury Compensation Program (VICP) which has a 35-year proven track record. A recent lawsuit to fix the Countermeasures Program is pointless when the VICP […]

Only 1 single person in the United States with COVID-19 vaccine injuries was compensated by the Countermeasures Injury Compensation Program (CICP) since April 2023. There are still 11,806 people waiting to find out if their claims will be approved. The newest “update” awards only $3,957 to a person diagnosed with Myocarditis after getting the COVID-19 […]

Washington, DC May 11, 2023 – Mctlaw won more than $2 million in Vaccine Injury Compensation Program awards for 12 of our vaccine injury clients since January.  These clients experienced severe life altering reactions, including: Intussusception, Shoulder Injury Related to Vaccine Administration (SIRVA), Acute Disseminated Encephalomyelitis (ADEM), Guillain-Barré Syndrome (GBS), and Thrombocytopenic Purpura. The vaccines […]

Our vaccine injury lawyers can represent you in the Vaccine Injury Compensation Program (VICP) no matter where you live in the country. We help people in every state get compensation for serious side effects to vaccines.  If you’ve experienced a severe vaccine reaction lasting more than 6 months, you might qualify for a payout from […]

Recently, an article published in the August Issue of “Food and Drug Law Journal” titled Immunizing the Immunizers: How COVID-19 Vaccine Injury Claims and the CICP Will Increase Anti-Vaccine Sentiment in the United States and How HRSA Can Prevent It, described several ways that the Countermeasures Injury Compensation Program (CICP) could change the way it […]

SARASOTA, FL — (March 16, 2022) – mctlaw announces the addition of attorney Catherine Costigan to the Firm’s Vaccine Injury practice. Ms. Costigan comes to mctlaw from the New York County Defender Services with extensive experience as a lead attorney, representing clients in felony and misdemeanor cases and trials. She successfully represents clients in tough […]

This past Monday the U.S. Food and Drug Administration added a new warning to the J&J COVID-19 vaccine fact sheet. This warning indicates an increased risk for an autoimmune disorder called Guillain-Barre syndrome. GBS causes a person’s immune system to attack its own peripheral nervous system. The FDA suggests that J&J vaccine recipients should seek […]

Health and Human Services (HHS) says it will no longer move forward with removing SIRVA and syncope, or fainting, from the Vaccine Injury Compensation Program.  This is a complete turnaround from the previous administration’s plans to enact this change on February 22nd.  The rule to strip these claims from the program would have severely limited the […]

It’s official.  A third COVID-19 vaccine is out for distribution in the United States. This Saturday, the Food and Drug Administration (FDA) authorized Johnson & Johnson’s COVID-19 vaccine. It is the first vaccine to only require one shot for immunization. An estimated 3.9 million doses of this third vaccine will be distributed across the U.S […]

Americans today have a lot of questions about the COVID-19 vaccine. The most frequently asked question is: “Should I get the vaccine if I’ve had a reaction to other vaccines in the past?” Typically, they’re referring to other vaccines such as the flu shot. The answer, according to the Centers for Disease Control and Prevention […]

The FDA approves a second COVID-19 vaccine as daily death and infection rates spike across the country.  The CDC voted 11-0 to approve the Moderna vaccine in people 18 and older. Earlier in the week, the FDA gave Moderna an Emergency Use Authorization (EUA) after reviewing clinical trials. Moderna vaccines will begin shipping out on […]

The first COVID-19 vaccine approved by the CDC will start rolling out on Monday. On Saturday, Dec 12th, the CDC’s Advisory Committee on Immunization Practices (ACIP) unanimously voted 11-0 to approve the Pfizer – BioNTech version of the vaccination. The panel approved the 2-shot vaccine for people 16 years and older. Hospitals expect to get […]

A new study shows up to 80% of COVID-19 patients have experienced neurological symptoms. The Northwestern University Feinberg School of Medicine study of 509 patients found the coronavirus can affect more than the respiratory system, with some alarming potential impacts to the brain. Common symptoms of the virus are loss of smell, fever, fatigue, and […]

Those who suffer injuries or life-altering conditions from the upcoming COVID-19 vaccine will face difficulties getting vaccine injury payouts. The Wall Street Journal reporting COVID-19 vaccine injuries will be covered by what’s called the countermeasures vaccine injury compensation fund. It was set up 10 years ago to cover injuries from vaccines for a flu pandemic, […]

Another COVID-19 vaccine trial is now on pause after a study participant’s unexplained illness. The Associated Press reports that Johnson & Johnson is investigating if the person’s illness is related to the coronavirus vaccine. Johnson & Johnson joins AstraZeneca/Oxford as the two drugmakers to stop vaccine trials because of side effects.  No details were released […]

Reuters reports the US Food and Drug Administration (FDA) has expanded its investigation of a serious vaccine injury in AstraZeneca’s COVID-19 vaccine study. The company’s late-stage US trial has been on hold since September 6th after a study participant in England was diagnosed with transverse myelitis, a rare spinal inflammatory disorder.  Participants in other studies […]

Some coronavirus vaccine trials are showing day-long side effects, but participants say it’s worth it, according to CNBC, reporting on the vaccine trials from Moderna and Pfizer. Some of those receiving the trial COVID-19 vaccine say they experienced exhaustion, high fever, body aches, and headaches. Participants also said the symptoms were uncomfortable and sometimes intense, […]

A new poll shows many Americans will not get a first-generation COVID-19 vaccine as soon as it becomes available because they do not trust the pharmaceutical companies to adequately test the immunization. The latest Axios/Ipsos poll reveals 60% will avoid the vaccine when it’s released, while 39% say they will get the vaccine. These poll […]

With so much research happening around the world to come up with a cure for a vaccine for the coronavirus, it’s important to understand how that research happens.  Below we’ve explained the different phases of COVID-19 vaccine development and what each of them means. PRE-CLINICAL TRIALS The development of a vaccine for the coronavirus begins […]

The nation’s top expert on COVID-19 says even though a vaccine is expected by early 2021, it will likely be the end of next year before life gets to a pre-pandemic normal. NBC News reports Dr. Anthony Fauci, Director of the National Institute of Allergy and Infectious Diseases, says a COVID-19 vaccine should be approved […]

Advocacy groups and business industry leaders from across the country gathered on Monday during a governmental meeting to say they are all opposed to removing SIRVA and syncope from the National Vaccine Injury Compensation Program (NVICP). On Monday, May 18th, the Advisory Committee on Childhood Vaccines (ACCV) met to discuss proposed changes to the Vaccine Injury Table. The […]

Facebook Live on Guillain-Barré Syndrome in the VICP https://youtu.be/hrZwqURy-58Video can’t be loaded because JavaScript is disabled: Vaccine Facebook Live (https://youtu.be/hrZwqURy-58) mctlaw attorneys Anne Toale, Danielle Strait, and Diana Stadelnikas went live on Facebook to discuss GBS in the Vaccine Injury Compensation Program. Watch the video here or read the transcript below. Transcript Anne Toale: Hi. […]

Once again, problems with metal on metal hip replacements become a major storyline in a medical TV drama. Last week on the season finale of Grey’s Anatomy, the show revealed that one of the main characters, Doctor Richard Webber, was diagnosed with cobalt poisoning from a metal on metal hip replacement. The dramatic diagnosis came […]

Statement on behalf of mctlaw by Vaccine Injury Attorney Anne Toale over proposed legislation to remove SIRVA and syncope from the National Vaccine Injury Compensation Program: As a past president of the Vaccine Injured Petitioners Bar Association, I oppose the unprecedented move by the Department of Health and Human Services towards eliminating more than half […]

This week mctlaw posted nearly 50 new vaccine injury decisions and settlement amounts to its case results page at www.mctlaw.com.  This table shows how much money our attorneys recovered for clients with severe reactions through the National Vaccine Injury Compensation Program.  You can read through the entire table of our Vaccine Injury Case Results here. Some of […]

Attorney Anne Toale (pictured to the right) Presented to Anne Toale for your service as the President of the Vaccine Injured Petitioners Bar Association 2017-2018 mctlaw attorney Anne Toale honored today by the members of the Vaccine Injury Petitioners Bar Association.  The award recognizes her accomplishments leading the VIP Bar Association from 2017-2018 and was presented […]

Every year a select group of attorneys from around the country gather in Washington, DC for the annual Vaccine Injured Petitioners Bar Conference.  mctlaw is highly involved in the VIP Bar Association and takes an active leadership role each year. Attorneys Altom Maglio, Jessica Olins, Anne Toale, Jennifer Maglio, and Diana Stadelnikas all led presentations and discussions […]

Altom Maglio giving final remarks MCTLaw attorneys Jessica Olins and Danielle Strait Anne Toale discussing “on-table” and “off-table” vaccine injury claims Jessica Olins discussing attorneys fees mctlaw attorneys Altom Maglio, Anne Toale and Jessica Olins training new vaccine injury attorneys this week in Washington, DC. at the Vaccine Injured Petitioner’s Boot Camp.  Every year our entire […]

Vaccines, like many medicines, are finicky.  To stay safe, they need to be stored in very specific conditions.  Give them too much heat or too much light, and they can become ineffective.  The current need to refrigerate vaccines makes them difficult to safely transport and distribute.  Because of this, areas with improper health infrastructure see […]

A recently-published long-term study that measured the efficacy of a pneumococcal vaccine in Kenya shows how widespread vaccination can improve public health. In 2011, Kenya introduced a new pneumococcal vaccine to its child immunization program: PCV10 (or Synflorix).  Prior to the introduction of PCV10, Kenya did not require nor provide children with any sort of […]

Hepatitis B is an incredibly common – and deadly – infection that affects hundreds of thousands of people each year.  Children in developing countries are especially prone to contract and die from hepatitis B. High rates of infection in developing countries are partially due to the fact that it is difficult to safely store intravenous […]

It is no secret that medicines have very specific storage needs.  Think about all of the medications you’ve handled in your life.  Some need opaque bottles, others need clear bottles.  Some have to be stored in the freezer next to your pizza rolls, while others can safely add to the clutter in your purse without […]

A warning to adults in Kentucky who got vaccinated between September 1 and December 31, 2018:  Patients and doctors report a number of serious adverse vaccine reactions coming from vaccine clinics held at Kentucky businesses during those dates. The reactions include swelling, hard knots, pain, redness, abscesses, and lumps. According to WKYT, the problems originated with Location […]

The North Carolina Bar Journal published an article co-written by attorneys Cecelia Stultz and Jessica Olins in the Winter edition of this prestigious law publication.  Stultz and Olins wrote about the complex process of the Vaccine Injury Compensation program.  The pointed out the very focused nature of vaccine injury litigation (only about 100 attorneys practice in […]

FACT DECISIONS Factual determination that SIRVA injury more likely caused by influenza vaccine than uncovered vaccine In this SIRVA case, the petitioner received an uncovered pneumococcal vaccine and a covered influenza vaccine in the same arm at the same time.   The court concluded that there was preponderant evidence for a finding that the petitioner’s right […]

Attorney Fees Reasonable Basis Alicock v. HHS, (Fed. Cl. Nov. 9, 2016) (Wheeler, J) Denial of motion for review filed by HHS.  SM had awarded fees and costs in a claim for significant aggravation of developmental delay. According to mom, treating physician told her there was encephalopathy possibly caused by vaccination.  Medical records included encephalopathy […]

Supplemental Costs Post-Fee Judgment SM granted an unopposed request for supplemental expert costs inadvertently omitted from original fees and costs determination, which had been settled by stipulation.  Judgment had issued on the original fees and costs decision.  However, the 180 day period in which to requests fees and costs had not yet expired.  Brasher v. […]

Attorneys’ Fees Check Payee Special master granted relief from judgment where counsel was unable to contact petitioner to endorse the fees and costs check.  This satisfied the “narrow circumstances” where a fees award should be payable directly to counsel.  The court noted that counsel did have other remedies against his client, however because the case […]

Entitlement denied in a case alleging MMR-caused Myoclonic-Astatic Epilepsy (also known as “Doose Syndrome”).   Analytical gaps between medical literature and expert’s theory were too great and too numerous to persuade.  Although molecular mimicry was a valid theory to explain some vaccine reactions, simply explaining how theory of molecular mimicry works with other diseases and purporting […]

The Centers for Disease Control (CDC) is reporting a sudden spike in cases of Acute Flaccid Myelitis (AFM).  At least half of the states in the U.S. have reported cases of this mysterious disease.  Vaccination may play a role in triggering this Polio-like illness. A January 2015 article in The BMJ suggested that vaccines may […]

Non-Forum Rates Glaser v. HHS, (Fed. Cl. Spec. Mstr. Jun. 6, 2016) (Corcoran, SM). VT attorney only entitled to non-forum rates under Davis exception to McCulloch; prior decisions involving same attorney established VT rates were substantially lower than forum and changed circumstances were not established here.  Awarded rates of $225 to $238. JB v. HHS, (Fed. […]

Procedural Decisions Valle v. HHS. (Fed. Cl. Aug. 6, 2016) (Lettow, J).  Thirty-day time limit to file a motion for review under section 300aa-12(e)(1) is jurisdictional, notwithstanding that it is notably rigid and out of step with other statutes and rules relating to the time for seeking review or appeal. *Full decisions are available on […]

Substantive Decisions Rus v. HHS, (Fed. Cl. Spec. Mstr. Jun. 23, 2016) (Gowen, SM).  Denial of entitlement in case alleging DTaP caused nephrotic syndrome.  The proffered mechanisms were (1) a “specific” T-cell response, and (2) an inflammatory cytokine response to the vaccination that alters an “unspecific” pathway, involving angiopoietin-like 4.  Although Petitioner’s expert “labored valiantly […]

Children given the flu shot along with other common childhood vaccines are more likely to suffer from a febrile seizure A recent study, funded by the Center for Disease Control, looks at connections between childhood vaccines and febrile seizures.  The American Academy of Pediatrics published this study in its July newsletter, citing research conducted by several […]

Premature Ovarian Failure Mini Omnibus This group of cases has been attempting to resolve when the first symptom or manifestation of onset occurs in POF, for purposes of the SOL. The court held that for petitioners who were eighteen years old or younger at the time the condition arose, if the condition qualifies for evaluation […]

Stanford v. HHS, (Fed. Cl. Spec. Mstr. May 16, 2016) (Moran, SM) 20+ year MD/.JD, with relatively little vaccine program experience, requested $525 per hour, but was awarded $400 (McCulloch range $300-425). A 5-year MBA/JD requested $385 per hour, but was awarded $260 (McCulloch range $225-300). Although not mentioned in the analysis, the attorneys were […]

Pentchelov v. HHS, (Fed. Cl. Spec. Mstr. April 29, 2016) (Corcoran, SM) The Court approved a $400 hourly rate for a 40-year attorney from Beverly Hills, ($350-$425 McCulloch range). The Court cited a previous decision holding that LA area attorneys were entitled to “forum” rates in the program. The court awarded $235 per hour, rather […]

Copenhaver v. HHS, (Fed. Cl. Spec. Mstr. May 31, 2016) (Moran, SM) This case is very similar to several recent SIDS cases, all involving the same theory and the same experts, and previous denials such as this one have been affirmed on appeal, e.g. Cozart. The specific reasons petitioner lost in this case were characterized […]

Reilly v. HHS, (Fed. Cl. Spec. Mstr. May 31, 2016) (Hamilton-Fieldman, SM) After a brain biopsy, it was determined that the child had a focal cortical dysplasia, and Petitioner’s expert testified that this was a predisposition which caused the seizure disorder once triggered by DTaP. Respondent argued that the brain anomaly itself was a sufficient […]

Day v. HHS, (Fed. Cl. Spec. Mstr. May 21, 2016) (Dorsey, CSM) (Ed. Note – this was my case, and HHS has appealed) An entitlement decision had been issued in this neuromyelitis optica post Gardasil case, involving a very significantly disabled teenager. The life care planning process was ongoing, but the family circumstances were desperate: […]

Bourche v. HHS, (Fed. Cl. Spec. Mstr. June 24, 2016) (Moran, SM) The court denied the interim fees request, noting that interim fees are typically only granted when a case has been pending for several years, which would meet the definition of protracted under Avera. Waiting until the end of a case to be paid […]

Barone v. HHS, (Fed. Cl. Spec. Mstr. Jun. 12, 2016) (Corcoran, SM) Petitioner was wheelchair dependent, suffered from quadriparesis, and was vision and cognition-impaired. She was unable to be cared for at home due to family dynamics. The parties’ life care planners had reached an agreement on most life care plan items, including moving petitioner […]

Bean-Sasser v. HHS, (Fed. Cl. Jun. 26, 2016) (Yock, SJ)  The reviewing court held it was not arbitrary and capricious to find that Petitioner’s RA was pre-existing at the time of the vaccines, given the RF antibody. Further, it was within his discretion to find that Respondent’s expert was more persuasive, especially given his more recent […]

Miller v. HHS, (Fed. Cl. Spec. Mstr. Jun. 3, 2016) (Hastings, SM) The court denied most of the fees and costs requested, finding it was not reasonable for Petitioners to take to trial their very weak case alleging that autism was vaccine-related. The Court awarded fees for the original participation in the OAP, however, the […]

HL v HHS, (Fed. Cl. Spec. Mstr. Mar. 17, 2016) (Hastings, SM) The petitioner unsuccessfully argued that a vaccination significantly aggravated her child’s pre-existing Leigh Disease, resulting in the child’s death. Experts for both sides agreed that the child had Leigh disease, that metabolic decompensation can be caused by a fever or infectious illness, and […]

RV v. HHS, (Fed. Cl. Spec. Mstr. Feb. 19, 2016) (Corcoran, SM) In this case, similar to previous cases, petitioner argued that an underlying, preexisting mitochondrial disease was exacerbated by receipt of a vaccine, resulting in autism. An alternative causation theory was offered – molecular mimicry causing an autoimmune encephalopathy. The Court found that a […]

Reiling v. HHS, (Fed. Cl. Spec. Mstr. Jun 24, 2016) (Moran, SM) Counsel sought an award of interim fees and costs after withdrawing as counsel. The Court ultimately held that reasonable basis had not been demonstrated as of yet, although it could be later as the petitioner was proceeding pro se. Thus, an interim fee […]

Reiling v. HHS, (Fed. Cl. Spec. Mstr. Jun 24, 2016) (Moran, SM) Counsel sought an award of interim fees and costs after withdrawing as counsel. The Court ultimately held that reasonable basis had not been demonstrated as of yet, although it could be later as the petitioner was proceeding pro se. Thus, an interim fee […]

Auch v. HHS, (Fed. Cl. Spec. Mstr. May 20, 2016) (Corcoran, SM) The court held that a three-year proceeding was sufficiently protracted to warrant an interim award of fees, and it was not required that Petitioner show that all three Avera factors are met for interim fee awards. With respect to hourly rates, counsel sought […]

Petronelli v. HHS, (Ct. Fed. Cl. Spec. Mstr. May 12, 2016) (Gowen, SM) In this GBS case, the Court accepted the testimony of Petitioner’s vocational expert that a former corporate attorney was unable to return to work. The Court found Respondent’s expert unreliable, as he “mischaracterized the record.” Although Petitioner was not working at the […]

A study outlined in the Journal of the American Medical Association links the H1N1 Flu vaccine with a small increased risk of developing Guillain-Barre Syndrome.  Reuters Health reported on a research study conducted at Laval University in Quebec City which tracks newly-diagnosed cases of Guillain-Barre in the six months after H1N1 vaccination began in Quebec.  Their findings […]

Valle v. HHS, (Fed. Cl. Spec. Mstr. Apr. 18, 2016) (Gowen, SM) This case involved a major dispute as to the timing of onset of Petitioner’s MS.  Petitioner contended that her MS began between 4 and 42 days after the third dose of Hepatitis B vaccine; Respondent argued that her MS preceded the vaccine.  The […]

Smith v. HHS, (Fed. Cl. Spec. Mstr. Apr. 8, 2016) (Hamilton-Fieldman, SM) Petitioners argued that equitable tolling should be applied because the child’s doctors had failed to recognize that her injuries might be vaccine related, and that this failure should be considered an extraordinary circumstance that warranted equitable tolling.  More specifically, the argument focused on […]

Courbois v. HHS (Fed Cl. Spec. Mstr. Apr. 20, 2016) (Hamilton-Fieldman, SM) After a hearing, the court issued a bench ruling awarding approximately $143,000 for pain and suffering, $4000 for home modifications and an annuity to cover massage, housekeeping, hairdressing, and landscaping.

Cooper v. HHS, (Fed. Cl. Spec. Mstr. Apr. 25, 2016) (Gowen, SM) In this case alleging anaphylaxis and seizures caused by Hepatitis B vaccination, counsel for Petitioner indicated they no longer wished to proceed with the case and the case was ultimately dismissed.  Respondent argued there was no “factual basis [for the claim] in the […]

Bundrick v. HHS, (Fed. Cl. Spec. Mstr. Apr. 27, 2016) (Roth, SM) Petitioner requested fees and costs in the amount of $16,632.57; Respondent countered that a reasonable range was 12,000-14,000.  The special master awarded the fees and costs requested, plus an amount incurred litigating fees, noting that Respondent had no specific objection to the rates […]

There is help available for people hurt after having a severe and debilitating vaccine reaction.  Unfortunately, many people never know about the Vaccine Injury Compensation Program because it’s not widely publicized. The Vaccine Court “establishes the Vaccine Program as a no-fault compensation program whereby petitions for monetary compensation may be brought by or on behalf […]

May is International Guillain-Barre Syndrome (GBS) Awareness Month.  Guillain-Barre Syndrome is a rare disorder where your body’s immune system attacks your nerves.  It can spread very quickly, paralyzing your entire body. It is a serious medical condition that requires hospitalization in most cases.  The exact cause of GBS, and a similar condition, Chronic Inflammatory Demyelinating […]

Cozart v. HHS, (Fed. Cl. Mar. 25, 2016) (Smith, SJ) In the trial court, Petitioner failed to prove that vaccines could be an extrinsic risk factor, for purposes of the Triple-Risk Model of SIDS: vulnerable infant, critical development period and exogenous stressor(s).  The underlying theory had been that cytokines released in response to vaccines provoke […]

JT v. HHS, (Fed. Cl. Feb. 1, 2016) (Bruggink, J) In this conceded case, there was a significant dispute between the parties on the underlying methodology that should be used to calculate Petitioners’s lost wages.  Respondent moved the court to decide the issue of whether Petitioner’s future business ventures should be included in the wage […]

Loving v. HHS, (Fed. Cl. Spec. Mstr. Dec. 15, 2015) (Moran, SM) In this infamous case that set forth the six-part test for significant aggravation claims, the court awarded 189k in fees, where 284k was requested.  Respondent had originally suggested 80k but later moved to 149k.  The case involved one expert but lasted for ten […]

Watson v. HHS. (Fed. CL. Spec. Mstr. Mar. 7, 2016) (Corcoran, SM) In this fee decision, the Special Master reduced the requested hourly rate from $600 to $375, under McCulloch, for this 40+ NYC attorney. Under that framework, 20+ year attorneys in the vaccine program receive a range of $350-$425 (for work in 2014), depending […]

Rehn v. HHS, (Fed. Cl. Mar. 30, 2016) (Lettow, J) The special master had awarded interim fees to withdrawing counsel.  Respondent had challenged reasonable basis.  On appeal, the judge affirmed the applicability of the “totality of circumstances” test for reasonable basis.  Apparently, these circumstances included voluminous records, a complex medical situation following flu vaccination and […]

Dorego v. HHS, (Fed. Cl. Spec. Mstr. Apr. 4, 2016) (Moran, SM) In response to Petitioner’s fee application, Respondent “defer[red] to the special master’s discretion in determining a reasonable fee award.”  Respondent contended that this did not constitute a waiver or failure to object, but the special master held that it did.  Contrary to HHS’ […]

Culligan v. HHS, (Fed. Cl. Spec. Mstr. Mar. 31, 2016) (Hamilton-Fieldman, SM) In this interim fee decision, the Special Master approved of two attorneys trying the case, where there were multiple experts and fact witnesses, the case was complex and Respondent had two attorneys at the hearing. The court held that $400 per hour ($200 […]

Agnew v. HHS, (Fed. Cl. Spec. Mstr. Mar. 30, 2016) (Millman, SM) Petitioner’s theory was that a nasal spray vaccine, which ordinarily causes a subclinical infection, activated his immune system which was misdirected into entering his liver. Within 10 days of vaccination, he had abdominal pain, nausea, increasing yellow color of his skin, a rise […]

Bean-Sasser v. HHS (Fed. Cl. Spec. Mstr. Apr. 5, 2016) (Moran, SM) In this case, the special master denied entitlement for two reasons: 1) Petitioner’s theory under Althen prong 1 was not persuasive, and 2) Petitioner’s rheumatoid arthritis was preexisting.  Petitioner was asymptomatic at the time of the vaccine, although she had a history of […]

A recent study by the National Institute for Allergy and Infectious Diseases (NIAID) indicates changes could make flu vaccines more effective.  Every year, the World Health Organization (WHO) figures out which strains of the flu virus should be targeted, based on information that it gets from laboratories throughout the world.  The flu vaccination for each […]

Lord v. HHS, (Fed. Cl. Spec. Mstr. Feb. 9, 2016) (Dorsey, CSM) This is another case finding that petitioner failed to show preponderant evidence that vaccines are an exogenous stressor for purposes of the Triple Risk Model of SIDS.  The petitioner also failed to show that recognized extrinsic risk factors, and URIs in particular, act […]

Mostovoy v. HHS, (Fed. Cl. Spec. Mstr. Feb. 4, 2016) (Dorsey, CSM) In this omnibus proceeding, the court awarded the highest hourly rate requested, under McCulloch. However, petitioner’s interim fees were reduced by about 1/3. The Court held there were four basic reasons for the reductions. First, counsel billed for multiple hours of administrative work, […]

R.K. v. HHS, (Fed. Cl. Feb. 29, 2016) (Braden, J) The special master had ruled that both the minor child’s name and the parents’ names would be changed to initials but declined to redact the case number.  On appeal, petitioner argued that the use of Jane Doe and John Doe provides better privacy protection than […]

Waterman v. HHS, (Fed. Cl. Spec. Mstr. Feb. 5, 2016) (Hamilton-Fieldman, SM) The Court resolved an onset issue in favor of petitioner, who did not seek treatment for her urticaria for two months.  The special master found in favor of causation, holding that this was a classic case of challenge-rechallenge.  Petitioner had developed a rash […]

Tarsell v. HHS, (Fed. Cl. Spec. Mstr. Feb. 16, 2016) (Moran, SM) The theory of the case was that the decedent developed an arrhythmia from Gardasil which caused her death.  Petitioner brought an immunologist and a cardiologist to hearing.  The mechanism proposed was that the HPV vaccine causes the body to produce antibodies that are […]

Faoro v. HHS, (Fed. Cl. Spec. Mstr. Jan. 29, 2016) (Dorsey, CSM) This case differed from all of the prior SCN1A cases, in which compensation was denied because the child, in this case, did not have a de novo mutation.  Rather, the mutation was shared by the mother, who was healthy.  The mutation involved a […]

Sanchez v. HHS,  (Fed. Cl. Spec. Mstr. Feb. 17, 2016) (Moran, SM) Petitioner moved for interim fees pre-hearing.  The special master found that a reasonable basis existed at least through the point in time where genetic testing was obtained on the child, and awarded fees through that date. Respondent challenged reasonable basis notwithstanding that Petitioner […]

Gray v. HIS, (Fed. Cl. Spec. Mstr. Feb. 24, 2016) (Gowen, SM) The special master followed Special Master Moran’s decision in Hodge, and held that mental incapacity can present an “extraordinary circumstance” warranting equitable tolling of the Act’s statute of limitations. Analogizing to veterans’ benefits case law, the Special Master held that a petitioner must […]

The Firm’s Diana Stadelnikas Sedar, Esq. was interviewed recently regarding a client’s case in Vaccine Court after developing Guillain-Barré Syndrome triggered by a severe vaccine reaction. Attorney Stadelnikas Sedar, a partner at mctlaw,  was able to help her client receive compensation through the National Vaccine Injury Compensation Program.  To learn more about this reaction, visit […]

Hodge v. HHS, (Fed. Cl. Spec. Mstr. Dec. 21, 2015) (Moran, SM) Decision on Remand – Equitable Tolling Established Respondent had moved to dismiss Petitioner’s claim as untimely. The Special Master initially had rejected the argument that the statute of limitations should be equitably tolled, but Petitioner appealed.  The reviewing judge had vacated the original […]

Ruppert v. HHS, (Fed. Cl. Spec. Mstr. Nov. 6, 2015) (Gowen, SM) Attorney’s Fees and Costs – Reasonable Basis The Special Master held, on a motion for reconsideration, that the fact that Petitioner had obtained a negative expert report in the early stages of the case did not preclude Petitioner from establishing a reasonable basis […]

Griffin v. HHS, (Fed. Cl. Dec. 7, 2015) (Bruggink, J) Denial of Motion for Review – Petitioner not an “Employee” of U.S. Respondent’s motion for summary judgment, arguing that the Petitioner was not covered by the Vaccine Act, had been granted.  The Petitioner was an independent contractor with DOD, who received an influenza vaccine in […]

Canuto v. HHS, (Fed. Cl. Spec. Mstr. Dec. 18, 2015) (Hastings, SM) No Entitlement to Causation – Autism Omnibus Case These pro se petitioners argued that the DTP or DTaP vaccines caused their child to suffer fever, seizures, and encephalitis, thereby causing autism. Petitioners’ expert report “offer[ed] no causal theory whatsoever,” even assuming encephalitis or […]

Kenney v. HHS, (Fed. Cl. Spec. Mstr. Jan. 16, 2015) (Moran, SM) Denial of Entitlement – Autoimmune Encephalitis Because Petitioner did not establish that she had autoimmune encephalitis, the condition she alleged was vaccine-caused, she could not prevail.  The special master found that her clinical presentation greatly differed from how typical cases of autoimmune epilepsy […]

Morgan v. HHS, (Fed. Cl.  Spec. Mstr. Dec. 10, 2015) (Gowen, SM) Entitlement to Compensation – Ulcerative Colitis caused by HPV Vaccination Petitioner’s expert, her treating physician, opined that non-specific immunomodulatory effects of the Gardasil vaccination could cause ulcerative colitis in susceptible individuals. He explained that although non-specific immunomodulatory effects have not yet been studied […]

Patel v. HHS, (Fed. Cl. Spec. Mstr. Jan. 8, 2016) (Moran, SM) Attorney’s Fees – No Reasonable Basis The special master found there was no evidence supporting a reasonable basis for the claim because 1) no records demonstrated that any injury lasted six months; 2) no evidence existed that the HPV vaccination caused a problem […]

R.K. v. HHS, (Fed. Cl. Feb. 12, 2016) (Braden, J) Denial of Entitlement Affirmed – Mitochondrial Autism – No Judicial Estoppel The Special Master had denied entitlement, finding that 1) the evidence failed to establish that the child had a mitochondrial disorder, a prerequisite for the medical theory; 2) the evidence showed that the child […]

Sturdivant v. HHS, (Fed. Cl. Spec. Mstr. Jan. 21, 2016) (Hastings, SM) No Entitlement to Causation – Autism Omnibus Case; Warning to Counsel Regarding Reasonable Basis The Court first held that a table encephalopathy had not been established because 1) a table vaccine had not been given, and 2) an encephalopathy, as defined by the […]

Goodings v. HHS, (Fed. Cl. Spec. Mstr. Dec. 28, 2015) (Hamilton-Fieldman) The special master held that a reasonable basis existed where petitioner held a reasonable belief that the first symptom of primary ovarian failure occurred within three years of the vaccine date.  Although it may have appeared that the symptoms could have preceded that vaccination, […]

The American College of Pediatricians issued a statement in January articulating concerns about the Gardasil Human Papillomavirus Vaccine (HPV4).  Two reports have been issued, each highlighting 3 cases, where post-menarcheal adolescent girls developed laboratory documented premature ovarian failure within weeks to several years of receiving the Gardasil vaccine.  Premature ovarian failure, (POF), is also known […]

Tadio v. HHS, (Fed. Cl. Spec. Mstr. Nov. 25, 2015) (Gowen, SM) In this case, a minor child had received compensation pursuant to a settlement, and the award was to be payable to the guardians/conservators of the child, per the stipulation.  The stipulation further conditioned payment to Petitioners on their being “duly authorized to serve […]

Simmons v. HHS, (Fed. Cl. Spec. Mstr. Oct. 30, 2015) (Millman, SM) In this unusual case, both experts agreed that Petitioner suffered an immediate hypersensitivity reaction to TDaP, an anaphylactoid-like episode.  The experts disagreed whether Petitioner’s continuing immune symptoms, culminating in Addison’s disease, were a sequela of that initial reaction. The immediate allergic reaction to […]

Rodd v. HHS, (Fed. Cl. Spec. Mstr. Nov. 13, 2015) (Gowen, SM) Respondent primarily defended the case on the basis that Petitioner had symptoms within one day of his vaccination, which would be too soon for an autoimmune reaction.  However, Petitioner had two distinct problems, carpal tunnel syndrome, and polymyositis/polyarthralgia, and only the former manifested […]

Price v. HHS, (Fed. Cl. Spec. Mstr. Oct. 29, 2015) (Gowen, SM) The Court found that Petitioner proved a Table Anaphylaxis—within the required four hours of receipt of the DTaP and MMR vaccinations, two minutes in this case and that the ongoing seizures were a result of the anaphylactic injury. Petitioner’s expert testified that Petitioner […]

Perez v. HHS, (Fed. Cl. Spec. Mstr. Dec. 8, 2015) (Hamilton-Fieldman, SM) In this case, Petitioner’s expert was not claiming that homology between the tetanus vaccine and myelin could cause GBS through the process of molecular mimicry, rather it was argued that a tetanus vaccine can “rev up” an individual’s innate immune system, causing the […]

Hardy v. HHS, (Fed. CL. Spec. Mstr. Nov. 3, 2015) (Hastings, SM) The Court held that Petitioners failed to demonstrate either that the child suffered a Table encephalopathy, or that the vaccines caused, or aggravated, her neurodevelopmental disorder.   With regard to the table claim, the medical records offered no support whatsoever that the child suffered […]

Halverson v. HHS, (Fed. Cl. Spec. Mstr. Oct. 29, 2015) (Roth, SM) Petitioner had informally requested information from Sanofi Pasteur, manufacturer of Fluzone vaccine. Sanofi Pasteur objected, and Petitioner moved for issuance of a subpoena.  Petitioner also submitted a FOIA request to the FDA related to Fluzone.  Specifically, Petitioner sought human and animal data, dose-response […]

Guerrero v. HHS, (Fed. Cl. Nov. 16, 2015) (Williams, J) In this appeal, Petitioner contended that the Special Master, on remand, committed legal error and abused his discretion by reducing the number of hours, recategorizing certain attorney billing entries as paralegal tasks and some paralegal billing entries as clerical tasks, consolidating de minimis billing entries, […]

Graham v. HHS, (Fed. Cl. Nov. 30, 2015) (Braden, J) In the trial court, the special master denied fees in this voluntarily dismissed case.  Petitioner appealed the denial of fees, contending that the special master had erroneously interpreted the reasonable basis standard.  The reviewing court held that Petitioner misconstrued the Supreme Court’s reference to frivolous […]

Godfrey v. HHS, (Fed. Cl. Spec. Mstr. October 27, 2015) (Corcoran, SM) Remand decision after appeals court agreed that the special master should consider the Federal Circuit’s intervening decision in Koehn v. Sec’y of Health & Human Servs., 773 F.3d 1239 (Fed. Cir. 2014) – and, in particular, whether its discussion of a similar causation […]

Avchen v. HHS, (Fed. Cl. Spec. Mstr. Dec. 4, 2015) (Moran, SM) In this conceded SIRVA case, Respondent opposed the time and costs associated with a senior attorney’s visit to a client’s home in California as unnecessary under the facts of the case.  Petitioner argued that in-person meetings give the attorney “the opportunity to… put […]

The Los Alamos National Laboratory predicts the 2016 flu season will peak this February, which is later than the last three years.  Although predicting the flu is not an exact science, experts believe that the later the flu season starts, the milder the epidemic may be for that year.  The Center for Disease Control (CDC) […]

A recent study by the University of Florida, and published in the journal of Emerging Infectious Diseases, indicates that often times the flu vaccine that people get does not cover the virus that is most widespread that particular year. The World Health Organization picks between one and four flu types annually to cover under the vaccine […]

When you are faced with a debilitating injury, the result of a vaccine side effect, there are specific steps that need to be taken.  You will need a lawyer that has experience in this particular type of claim.  Here, Attorney Diana Stadelnikas Sedar explains your next steps after a severe vaccine reaction. Adverse Reaction to […]

A vaccine related injury, whether it’s Guillain-Barré Syndrome (GBS), Transverse Myelitis, or one of the many other complications related to severe vaccine reactions, can be devastating to your everyday life.  Choosing a lawyer that understands the complex territory of vaccine related injuries is critical to the success of your case.  It is important to understand […]

Appellate attorney Jennifer Gore Maglio published this article in The Federal Circuit Bar Association November 2015 newsletter. Maglio reviews “the delicate balancing act assumed by the Court of Federal Claims in providing an immediate level of review in vaccine litigation”. Filing an appeal in the Federal Vaccine Court is more complex because of an additional […]

The Food and Drug Administration has approved a new flu vaccine, specifically geared for patients age 65 and over. The Seqirus’ Fluad is the first flu vaccine to include an adjuvant, a compound that helps vaccines work more effectively. Fluad has been used in other countries since 1997 and is currently in use in 38 […]

Scharffenberger v. HHS, (Fed. Cl. Spec. Mstr. Nov. 10, 2015) (Williams, J) The Special Master had reduced a DC vaccine attorney’s hourly rate of $361 to $305.  Petitioner argued that the Special Master had erroneously applied a rate based on Vaccine Act practitioners generally instead of the District of Columbia forum rate. The reviewing judge […]

Means v. HHS, (Fed. Cl. Spec. Mstr. Oct. 13, 2015) (Dorsey, CSM) Susac’s Syndrome is a condition diagnosed in patients who experience an identifiable triad of symptoms: an encephalopathy, branch retinal artery occlusion, and hearing loss.  It is an autoimmune endotheliopathy.  It can be mistaken for MS or ADEM.  Information regarding the pathogenesis and natural […]

Lewis v. HHS (Fed. Cl. Spec. Mstr. Oct. 13, 2015) (Moran, SM) The parties disputed whether the onset of Petitioner’s shoulder injury occurred during the table time period, i.e., Respondent alleged that Petitioner’s onset occurred too soon, the day after the vaccine.  Neither party requested a fact hearing, and the Special Master ruled on the […]

D.B. v. HHS, (Fed. Cl. Spec. Mstr. Nov. 18, 2015) (Hamilton-Fieldman, SM) Petitioner had previously moved for dismissal for insufficient proof, which motion had been granted.  The parties had experts and were scheduled to try the case, but counsel, in his motion, “indicated that upon a review of the medical records, he did not believe […]

Day v. HHS,(Fed. Cl. Spec. Mstr. Nov. 13, 2015) (Dorsey, CSM) Neuromyelitis Optica (NMO) is a demyelinating autoimmune disorder consisting of optic neuritis and transverse myelopathy.  In NMO, the immune system becomes confused and begins to attack the body’s astrocytes rather than foreign pathogens, causing swelling in the brain and spinal cord.  NMO-IgG antibodies target […]

Cozart v. HHS, (Fed. Cl. Spec. Mstr. Oct. 15, 2015) (Dorsey, SM)* Petitioners had advanced the Triple-Risk Model for causation – vulnerable infant, critical development period, and exogenous stressor(s).  The autopsy revealed that the infant had a susceptibility factor for SIDS, arcuate nucleus hypoplasia, which causes a malfunction in the 5HT system which regulates ventilation […]

Waterman v. HHS (Fed. Cl. Oct. 23, 2015) (Campbell-Smith, CJ) Petitioners ultimately advanced a theory of a Table Encephalopathy following DTaP and Respondent filed a motion for ruling on the record.  The special master denied compensation, holding that there was no evidence the baby suffered from an encephalopathy or that the death was a sequela […]

McGuire v. HHS, (Fed. Cl. Spec. Mstr. Sep. 18, 2015) (Moran, SM) The bottom line holding is that the Petitioner “failed to present a reliable basis for concluding, on a more-likely-than-not basis, that the HPV vaccination can cause headaches that last for months and years.” As a preliminary matter, the Court accepted the parties’ stipulation […]

McCulloch v. HHS, (Fed. Cl. Spec. Mstr. Sep, 1, 2015 ) (Gowen, SM) Although the Court noted that the relevant “forum” for purposes of forum rates in the Vaccine Program was Washington, D.C., the court went on to hold that the appropriate forum was actually the Vaccine Program itself. The Special Master held that the […]

Lamare v. HHS, (Fed. Cl. Jul. 29, 2015) (Horn, J) In an interim fees decision, the special master had included information regarding the Petitioner’s medical condition.  As Petitioner was an adult, the case style reflected her full name.  Petitioner filed a motion to redact the Petitioner’s name and replace it with her initials, or alternatively […]

Kenzora v. HHS, (Fed. Cl. Spec. Mstr. Sep. 25, 2015) (Dorsey, CSM) A transverse myelitis case had been compensated in 2013, and provided for an annuity payment of $6000 per month for 5 years, life contingent, increasing at 3% compounded annually.  In 2015, Petitioner filed a Motion for Relief from Judgment, asserting that his monthly […]

J.T. v. HHS, (Fed. Cl. Spec. Mstr. Oct. 13, 2015) (Millman, SM) In this damages case, a dispute arose between the parties as to the appropriate methodology to calculate lost wages and they sought guidance from the special master. The Petitioner was preparing to embark on a new business venture when he became injured and […]

J.H. v. HHS, (Fed. Cl. Sep. 9, 2015) (Sweeney, J) Petitioner suffered from severe OCD, other mental illness, and cognitive disturbances prior to his vaccine injury.  At age 18, he developed a demyelinating brain injury post-Hepatitis B vaccination, however, the brain MRI confirming this was done only 2 months prior to the expiration of the […]

Cole v. HHS, (Fed. Cl. Spec. Mstr. Sep. 4, 2015) (Moran, SM) Citing Chuisano, the Court observed that “a petitioner satisfies the reasonable basis standard by presenting some evidence that supports the claim asserted in the petition.”  Respondent challenged reasonable basis because a vaccine record was never filed, resulting in the ultimate dismissal of the […]

Al-Uffi v. HHS, (Fed. Cl. Spec. Mstr. Sep. 30, 2015) (Corcoran, SM) Under Avera, the following criteria are considered in determining whether an award of interim fees is appropriate: 1) protracted proceedings; 2) costly expert testimony; and 3) undue hardship.  In this case,  Respondent argued that all three criteria had to be met.  The Court […]

Allen v. HHS, (Fed. Cl. Spec. Mstr. Sep. 26, 2015) (Vowell, SM) The Court, in one of its last decisions on the bench, wrote a 115-page opinion in this former OAP case.  The theory of the case was that 1) the child had an underlying mitochondrial disorder that made her vulnerable to the inflammatory effects […]

Santini v. HHS, Case No. 06-725V (Fed. Cl. Jun. 30, 2015) (Braden, J) This case was tried jointly with Barclay v. HHS, also in this summary.  Both cases involved an allegation that the DTaP vaccine triggered or worsened Dravet’s syndrome/SMEI in a child with an SCN1A mutation.  In the instant case, the Special Master held […]

Bushnell v. HHS, Case No. 02-1648V (Fed. Cl. Spec. Mstr. Jun. 12, 2015) (Hastings) Former OAP case alleging that a mitochondrial disorder caused an “enzyme deficiency,” leading to an “accumulation of Thimerosal contained in the vaccines he was administered,” leading to ASD. An expert report for Petitioner was filed by Dr. Donald Marks (microbiology, internal […]

Whitney v. HHS, Case No. 10-809V (Fed. Cl. Aug. 12, 2015) (Lettow, J) The Special Master had denied entitlement in this case which alleged Transverse Myelitis caused by DTaP vaccine, finding a failure of prong 2 under Althen, in light of the HHV-6 infection (this decision was included in last month’s case law summary). The […]

Sumner v. HHS, Case No. 99-946V (Fed. Cl. Spec. Mstr. Aug. 13, 2015) (Hamilton-Fieldman, SM) Petitioner alleged that as a result of the administration of MMR vaccine while pregnant, her child suffered from brain malformation, hydrocephalus, seizures, and developmental delays.  Specifically, it was alleged that the rubella component had caused a partial rubella infection in […]

Nuttal v. HHS, (Fed. Cl. Aug. 19, 2015) (Firestone, J) Petitioner advanced a theory that his CDD was the sequela of a limbic encephalitis caused by DTaP or MMR, and the case was tried on three issues 1) whether the child experienced brain inflammation, 2) whether the inflammation was severe enough to result in the […]

Jump v. HHS, Case No. 11-301V (Fla. Spec. Mstr. Aug. 31, 2015) (Hamilton-Fieldman, SM) In this case, experts for both sides agreed that Petitioner was more likely than not in the “preclinical stage” of Rheumatoid Arthritis at the time of her TDaP vaccine, potentially raising the issue of significant aggravation.  However, the special master, analyzing […]

Godfrey v. HHS, Case No. 10-565V (Fed. Cl. Aug. 19, 2015) (Firestone, J) Case Remanded for Reconsideration of Prong 1 in Light of Circuit’s Decision in Koehn Which Involved Same Experts, Same Vaccine (HPV), Same Theory and Similar Injury (SJIA vs. JAS). Appeal from a denial of entitlement in a case alleging juvenile ankylosing spondylitis […]

Whitney v. HHS, Case No. 10-809V (Fed. Cl. Spec. Mstr. Jul. 20, 2015) (Moran) Testifying for Petitioner were Yuval Shafrir (pediatric neurologist), and James Oleske (immunology and pediatric infectious disease) Testifying for Respondent were Raoul Wientzen (pediatric infectious disease) and Max Wiznitzer (pediatric neurology). Petitioners presented a theory that the DTaP vaccine caused Transverse Myelitis […]

Mora v. HHS, Case No. 13-421V (Fed. Cl. Jun. 30, 2015) (Kaplan, J) In this case, the Special Master had denied a Rule 60(b) motion for relief from judgment premised on counsel’s unawareness that design defect claims had been foreclosed by the Supreme Court decision in Bruesewitz.  This case involved a child rendered paraplegic from […]

Livingston v. HHS, Case No. 12-268V (Fed. Cl. Spec. Mstr. Jun.26, 2015) (Corcoran) This case was previously dismissed after an exhaustive inquiry revealed that the child had not actually received the Rotateq vaccine as the parents believed, but rather Rondec, a prescription cough and cold medicine.  The child was alleged to have been administered this […]

Holt v. HHS, Case No. 05-0136V (Fed. Cl. Spec. Mstr. Jun. 24, 2015) (Vowell, CSM) Former OAP case, alleging significant aggravation of a mitochondrial disorder resulting in neurological symptoms somewhat resembling ASD.  The court noted, in a 104-page opinion, a “trend by some former OAP petitioners to recharacterize their children’s diagnoses as something other than […]

D’Angiolini v. HHS, Case No. 99-578V (Fed. Cl. Jul. 27, 2015) (Block, J) Appeal from a denial of entitlement in a case alleging SLE, CFS and ASIA attributable to Hepatitis B vaccination.  The Special Master had ruled that Petitioner failed to establish that he suffered from CFS and SLE, and had failed to establish that […]

­Barclay v. HHS, Case No. 07-605V (Fed. Cl. Jul. 10, 2015) (Bruggink, J) This case was tried jointly with Santini v. HHS, also in this summary.  Both cases involved an allegation that the DTaP vaccine triggered or worsened Dravet’s syndrome/SMEI in a child with an SCN1A mutation. Testifying for the petitioner had been Jean-Ronel Corbier, […]

D.S. v . HHS, No. 10-077V (Fed. Cl. Spec. Mstr. May 19, 2015)(Dorsey) Entitlement decision holding that petitioner had established that (1) she had the Miller-Fisher variant of GBS and (2) that it was caused by the Gardasil vaccine. Testifying for the petitioner was David Axelrod, M.D., an immunologist, and Stephen Schecter, M.D. a treating […]

Scharffenberger v. HHS, No. 11-221V (Fed. Cl Spec. Mstr. May 15, 2015) (Corcoran) Attorney’s Fees and Costs decision holding that the appropriate forum for an attorney practicing in Washington, DC, for purposes of determining the forum rate, is not Washington, DC, or even the Court of Federal Claims, but rather the Vaccine Program itself.  Thus, […]

O’Neill v HHS, No. 08-243V (Fed. Cl. Spec. Mstr. April 28, 2015)(Hamilton-Fieldman) Decision on Attorney’s Fees and Costs.  The court awarded the hourly rates requested for all of the firm’s paralegals and all but one of the firm’s attorneys, over the Respondent’s objection.  The court decreased travel time to 50% of the rate billed for […]

Mosley v. HHS, No. 08-724V (Fed. Cl. Spec. Mstr. Apr. 27, 2015)(Millman) Denial of entitlement on remand.  Petitioner had alleged her transverse myelitis (TM) was caused by a tetanus vaccine and the special master denied the claim after a hearing.  Petitioner appealed and the entitlement decision was vacated and remanded with instructions to consider and […]

Milik v. HHS, No. 01-064V (Fed. Cl. May 14, 2015) (Campbell-Smith, CJ) Appeal from a denial of compensation in a case alleging neurological injuries resulting from MMR vaccine; denial of entitlement was sustained. Nizar Souayah, MD, had testified for Petitioners, and Michael Kohrman, MD, had testified for Respondent. On appeal, Petitioners objected to the special […]

Guerrero v. HHS, No. 12-689V (Fed. Cl. Spec. Mstr. May 22, 2015) (Moran) Attorneys’ fees decision on remand, after CFC, vacated prior fee decision.  In the lodestar analysis, hourly rates were not at issue but a reasonable number of hours was in dispute.  In its decision, the court 1) reduced the number of hours billed […]

Brook v. HHS, No. 04-405V (Fed. Cl. Spec. Mstr. May 14, 2015)(Hastings) Denial of entitlement in a case alleging an autoimmune encephalopathy resulting in an autism spectrum disorder (ASD) caused in fact, or significantly aggravated, by MMR, varicella, and/or pneumococcal vaccines. Dr. Joseph Bellanti, an immunologist, testified for Petitioner and opined that the child had […]

McCulloch v. HHS, No. 09-023V (Fed. Cl. Spec. Mstr. May 22, 2015) (Gowen) Gardasil (HPV) vaccine was found to have caused child’s autoimmune encephalitis (ALE) and resultant seizures through molecular mimicry between the Aquaporin 4 (AQP-4) receptors in the brain and HPV strains 16 and 18 in the vaccine. A 12-year-old girl developed a fever, […]

The first new treatment for Guillain-Barre Syndrome in 20 years is entering a Phase II clinical trial. It’s called eculizumab, which is a humanized monoclonal antibody first approved by the Food and Drug Administration in 2007 to treat a rare blood disorder. In Guillain-Barre Syndrome or GBS, the body’s immune system attacks part of the […]

A pharmaceutical company is voluntarily recalling a batch of hepatitis A vaccines because of a quality issue. A Food and Drug Administration Philippines advisory listed six lots of the vaccine, with the brand name Epaxal, that are affected by this recall. The vaccines were manufactured in Spain by Crucell Switzerland AG and shipped to the […]

This year’s flu vaccine is not working well. The Centers for Disease Control and Prevention said it’s not a good match for this season’s prominent strain, which has mutated. So far most of the flu cases this year have been caused by the influenza A H3N2 strain, which is one of the strains included in […]

The U.S. Senate on Thursday confirmed Lydia Kay Griggsby to a 15-year term on the United States Court of Federal Claims At the time of nomination, she served as chief counsel for privacy and information policy for the U.S. Senate Committee on the Judiciary.  She was confirmed by a unanimous vote of the Senate. Judge […]

European health officials are reporting that 13 deaths in Italy are not related causally related to the Fluad influenza vaccine, manufactured by Novartis. The Italian Medicines Agency (AIFA) had recalled two batches of the vaccine as a precaution. AIFA, Italy’s drug regulator, has been working with the European Medicines Agency (EMA) to investigate those two batches […]

With flu season getting underway, two influenza vaccine makers are facing setbacks in the production of their lots. GlaxoSmithKline and Sanofi have encountered manufacturing issues that have delayed and reduced vaccine distribution in the United States. GlaxoSmithKline GSK’s Canadian flu vaccine plant in Quebec had contamination issues earlier this year. The U.S. Food and Drug […]

The nasal spray flu vaccine was not effective last year at preventing H1N1 infection in young children, according to health officials with the Centers for Disease Control and Prevention. Researchers looked at data from three observational studies. They were surprised to find little to no protective benefits from AstraZeneca’s nasal spray vacine against the H1N1 […]

A new study by the Food and Drug Administration shows the Fluzone High-Dose influenza vaccine is more effective than the regular vaccine at preventing the flu in older adults. The FDA approved the high-dose vaccine four years ago but wanted to know more about its prevention capabilities. The agency asked the manufacturer to conduct a […]

Health officials are ahead of schedule as they expect to start trials of an Ebola vaccine in December in West Africa, a month earlier than planned. The World Health Organization announced it could know by April if the vaccine is effective and ready for mass distribution. Those at high-risk in Liberia, including health care workers […]

Hospitals and medical professionals are reportedly making billions of dollars from drug manufacturers and medical device companies. According to data released by the U.S. government, doctors and teaching hospitals had $3.5 billion in financial ties with these companies in the last five months of 2013. For the first time, the Centers for Medicare & Medicaid […]

A new report published in the journal Pediatrics found adverse reactions to vaccines are rare but do happen, and in some cases, the reactions can be serious. After looking over about 20,000 research papers, the health professionals who wrote this report analyzed the results of 67 research studies that met their criteria. The team launched […]

A new HPV vaccine may be available by the end of the year that protects against several strains of the human papillomavirus. Dr. Kevin Ault, an obstetrician-gynecologist at The University of Kansas Hospital, is a leading expert on HPV. Ault said the improved vaccine will protect against seven of the 12 strains of HPV known to cause […]

U.S. health advisers say the nasal spray flu vaccine is more effective than the traditional shot for children ages two to eight. This declaration comes from the Advisory Committee on Immunization, which makes recommendations to the Centers for Disease Control and Prevention regarding vaccines. The panel said studies show children who get the spray are about […]

The Food and Drug Administration has uncovered quality control problems at a Canadian GlaxoSmithKline plant that manufactures the flu vaccine FluLaval. The FDA has ordered the British pharmaceutical company to review its manufacturing processes worldwide. On June 12 the FDA sent a warning letter to the facility in Sainte-Foy, Quebec, operated by GSK subsidiary, ID […]

The Food and Drug Administration has licensed a first-of-its-kind facility in the United States to manufacture cell-based flu vaccines. The plant is located in Holly Springs, North Carolina is owned by pharmaceutical company Novartis. The vaccine, Flucelvax, will now be produced in the U.S. for the first time. It’s the first FDA-approved seasonal influenza vaccine […]

Australian biotech company CSL has wrapped up a four-year investigation into why some children who received its flu vaccine in 2010 had febrile seizures. Studies found strains in that year’s Fluvax vaccine overstimulated the immune system of some children and adding more virus-splitting agent could reduce that response. During the 2010 flu season in the […]

Public health officials in California say the number of whooping cough cases has reached an epidemic level. In just the past two weeks, more than 800 people have come down with the illness that’s also known as pertussis. Two infants have died. According to San Diego County Health and Human Services, more than 85 percent […]

A study out this month shows a combination vaccine that protects against four diseases in one shot may increase the risk of fever-induced seizures in toddlers. The MMRV or Priorix-Tetra vaccine, used in Canada gives infants immunity against measles, mumps, rubella, and varicella, or chickenpox. Traditionally the varicella shot was given separately, but this four-in-one […]

As the number of cases of Middle East Respiratory Syndrome, or MERS, continue to grow worldwide, a vaccine could be on the way. Researchers with the University of Maryland School of Medicine and biotech company Novavax say they have developed a vaccine that blocks the virus in laboratory testing. The vaccine is still in the […]

The number of measles cases in the US so far this year makes it one of the worst outbreaks since 1996, according to the CDC.  The agency recorded 288 cases of measles in 18 states so far.  Most of those cases can be traced to people traveling overseas, catching the virus, and coming back to […]

Vaccine attorney Anne Toale was interviewed on WSRQ radio about how the vaccine compensation program works. She also talked about how families cope with the struggles of severe reactions and how emotionally rewarding it is for her to help people get compensation through the Vaccine Court. Click Here to Listen to Anne Toale’s Interview Contact […]

Few people expect to get measles after getting the measles vaccine – or give it to someone else.  But in the case of a 22-year-old New York woman, she not only got the measles but gave it to four other people.  This startling case study reported in Clinical Infectious Diseases suggests that a recent swell of […]

Researchers from the University of NSW in Australia say the whooping cough vaccine commonly used to immunize against the disease may have actually bred a more evolved strain of the illness. The current vaccine works by locating a protein called pertactin – one of the key elements of the disease.  But the university study showed […]

U.S. regulators give the green light to a meningitis B vaccine produced by Swiss drugmaker, Novartis.  The company’s vaccine, Bexsero, has been given “breakthrough therapy” status.  That designation is intended to “expedite the development and review of drugs for serious or life-threatening conditions,” according to the FDA. The next step will be to get full […]

Public health messages aimed at boosting childhood vaccination rates may be backfiring, a new report finds. Current efforts that use scientific studies, vaccine facts and images and stories of disease-sickened kids actually increased fears about vaccine side effects among some parents. Even when they successfully refuted claims about a link between vaccines and autism, they […]

A mumps outbreak is causing concern at Ohio State University.  Twenty-one cases had been reported since March 14, with 17 of those infected being Ohio State students. Mumps is a viral infection of the salivary glands, according to the Centers for Disease Control and Prevention website. It can spread through coughing, sneezing, or contact with […]

An experimental vaccine to treat advanced melanoma, the deadliest form of skin cancer, proved effective in a late-stage study. According to an article reported by Reuters, the vaccine shrank tumors that were both injected directly by the drug and those around the body that were not injected. The drug, known as T-vec, is an engineered […]

Princeton University continues to guard against a rare strain of meningitis that sickened several people on the campus last year and killed a Drexel University student in early March. The Centers for Disease Control and Prevention warned that the strain may not have been eradicated at Princeton — even though 95 percent of those eligible […]

Scientists have developed a revolutionary vaccine that does not require refrigeration or booster shots, making the so-called nanovaccine a potential “game-changer” in curbing disease in the developing world. Experts believe the drug, which is delivered in a nose spray, could extend immunization to millions of people who are not now vaccinated against dangerous, infectious diseases. […]

Mctlaw is a law firm representing people in vaccine injury claims in the United States Court of Federal Claims. We do not provide vaccine exemptions or medical advice of any kind. The British Government will shell out big money to patients who suffered brain damage as a result of taking the swine flu vaccine. The […]

Soon, getting the flu vaccine could be as easy as slapping on a patch. Yep, you read that right. Researchers at the Georgia Institute of Technology (a.k.a. Georgia Tech) have developed a flu vaccine patch that would not only allow people to ditch the needle but also administer the vaccine themselves. The patch is covered […]

When most people need the answer to something, their first option is to “Google” it. Need directions to an unfamiliar place? Google it.  Need instructions on how to build something?  Google it.  Worried that your cold is actually something more serious like the flu? Google it.  This flu season, the folks at Google are learning that […]

There are a few new recommendations for this year’s adult immunization schedule.  Each year, the CDC’s Advisory Committee on Immunization Practices reviews the schedule and suggests any possible changes, and the group recently released its suggestions for 2014.  Among the key changes are revised notes on administering vaccines for several illnesses, including the flu, HPV, […]

A new Centers for Disease Control (CDC) report shows that some healthcare providers made a mistake when giving the rotavirus vaccine to infant patients.  The vaccine protects against a stomach virus that can cause severe diarrhea, and is designed to be given orally, by placing drops in a baby’s mouth.  However, a recent CDC study identifies […]

Brian Corcoran is the new Special Master of the National Vaccine Injury Compensation Program.  Appointed January 13th, Corcoran will now oversee and decide vaccine claims. Experience He is a seasoned trial attorney with experience in a wide variety of legal matters,  including intellectual property, general commercial disputes, tax matters, and pro bono civil rights and […]

What was supposed to be a simple vaccination against the swine flu has turned into a nightmare for a 15-year-old girl living in the UK.  Just four months after receiving the shot, Chloe Glasson developed narcolepsy. Now, her family says she falls asleep without warning up to 30 times a day. Chloe is one of […]

Merck recently issued a voluntary recall of one lot of its vaccine, Gardasil, due to glass shards in some of the vials.  Gardasil is one of two vaccines approved to protect against cancer-causing strains of the human papillomavirus (HPV) infection. 10 Affected Vials According to the CDC, Merck asked offices and clinics that received lot J007354 to […]

The FDA is adding a new vaccine to its “worst case scenario” pandemic stockpile.  The vaccine is meant for the H5N1 avian influenza but will not be released to the general public.  The vaccine would only be used in case an avian flu type virus develops the ability to spread quickly from human to human. […]

Two new quadrivalent flu vaccines just approved by the FDA, are expected to be available to consumers for the upcoming 2013-14 flu season.  French drugmaker Sanofi SA and British GlaxoSmithKline have both been approved by the FDA to supply the new four strain flu vaccines to consumers in the US.  The Sanofi Fluzone Quadrivalent vaccine […]

The Japanese government says it will no longer recommend HPV vaccination for girls, according to reports in Medscape.com.   News reports say the Japanese public is concerned about the adverse effects from the cervical cancer vaccine.  The Japanese Health Ministry will not promote the use of the HPV vaccines until more research is done about the […]

It’s a groundbreaking opportunity to meet the men and women who make up the Office of Special Masters in the Federal Vaccine Court.  These are the specially appointed attorneys who review vaccine claim and play a large role in how vaccine injury victims are compensated.  The live webcast will take audience questions about vaccine jurisdictions and […]

Michael Stec wants people to know how he ended up in a hospital, paralyzed, and breathing through a ventilator tube, almost overnight.  Stec told an NBC 6 reporter in Miami that when he arrived at the emergency room last October, unable to walk, the doctors immediately asked if he had gotten a flu vaccination.  That’s when […]

A healthy and active 23-year-old air force mechanic fights to recover from Guillain-Barré Syndrome after receiving a nasal spray vaccine.  According to a story in The Air Force Times, Airman 1st Class Lori Cord became almost completely paralyzed from GBS.  It’s taken her months of physical therapy and medical treatment to regain 50% of her […]

The push is on to get your seasonal flu shot.  The kickoff to the season starts with National Influenza Vaccine week, from December 2nd through December 8th, 2012. The goal of this 7 day focus on the flu shot is to encourage people to get vaccinated as soon as possible. Every year millions of Americans get a flu […]

Anyone who wants to learn more about the National Vaccine Program can attend a public meeting of the National Vaccine Advisory Committee. When and How to Attend The meeting dates are September 11-12, 2012 in Washington, DC.  But you can also attend the meeting from the comfort of your computer screen by watching via webinar.  However, you have to pre-register online.  […]

Millions of US children could be susceptible to the Mumps virus, even though they were vaccinated for the contagious childhood disease. Details of a whistleblower lawsuit against vaccine maker Merck accuse the pharma giant of selling a weakened mumps vaccine since 1999 that doesn’t work as well as Merck claims it does. The lawsuit filed […]

A new study reported in the Journal of the American Medical Association (JAMA) shows a “small but significant risk” of getting Guillain-Barre Syndrome from the H1N1 vaccine. According to the L.A. Times, researchers in Canada tracked down 83 confirmed cases of GBS diagnosed in that country between October 2009 and March 2010.   In 25 of those cases, […]

$2 billion dollars. That’s how much money the federal government has paid out to vaccine reaction victims since 1988 when the National Vaccine Injury Compensation Program (VICP) was first created. VICP is a system that compensates people who’ve been hurt because of a severe vaccine reaction. The numbers show that the most commonly compensated vaccines […]

Did you know that May is International Guillain-Barre Syndrome Awareness Month?  The GBS/CIDP International Foundation is leading groups in communities all over the world to highlight GBS and CIDP through fundraisers, walks, 5K runs, bake sales, fashion shows, and art receptions.  The goal is to let others know about GBS/CIDP and their variants.  Here is […]