Green & Schafle Vaccine Attorney David Carney Appeals Transverse Myelitis Case

On December 21, 2022, Green & Schafle vaccine litigator David Carney appeared for oral argument in the United States Court of Federal Claims in Washington, D.C. to appeal a recent vaccine decision from the Office of Special Masters. The federal judges situated in the United States Court of Federal Claims have jurisdiction to review on appeal any vaccine decisions made by the Office of Special Masters. The underlying case involved a young child who received the TDaP (tetanus, diphtheria, and pertussis) vaccination while six months old and subsequently developed an autoimmune disease called transverse myelitis, which studies and science have shown to be causally related to vaccines and the TDaP vaccine. Mr. Carney took this case to trial in November 2021 before the Office of Special Masters and his evidence included scientific literature linking the vaccine to the transverse myelitis plus expert neurological and immunological opinions from experts out of University of California – Davis, and a neurologist from Brooklyn, New York. Then, the special master ruled in a written decision on September 9, 2022 that the vaccine cannot cause transverse myelitis and that the onset of transverse myelitis occurred too soon after receiving the vaccine to be causally related. Mr. Carney appealed this decision to the U.S. Court of Federal Claims on October 6, 2022. An oral argument was held in person in Washington, D.C. on December 21, 2022. While overturning any case on appeal is extremely difficult because of the deference given to the trial court, Mr. Carney presented compelling arguments that the Special Master applied the wrong law when analyzing whether the TDaP vaccine can cause transverse myelitis. Additionally, Mr. Carney argued that the special master’s ruling that the onset of transverse myelitis began on the day of vaccination created a medically impossible timeline of events that should be reversed on appeal. It is expected that the U.S. Court of Federal Claims will issue a decision on this case in March 2023. In the current climate, vaccine cases are difficult to win at trial, and even resolving cases informally through settlement has become contentious with the U.S. Department of Health and Human Services and U.S. Department of Justice. Now, more than ever, it is critical to retain a licensed vaccine attorney who regularly litigates cases to trial and will advocate zealously for you on appeal if necessary.

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What is the VICP? How does the VICP Work? What Vaccines are Covered by the VICP? How to File a Petition? Who Can File a Petition? What are the VICP Petition Steps? Do You Need a Lawyer to File a VICP Petition? What are the VICP Vaccine Injury Severity Requirements? What are the VICP Statute of Limitations? What are Vaccine Injury Settlements and Payouts?
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