Courtney Thrasher v. HHS - Influenza, death (2014)

On November 8, 2007, Daniel Thrasher and Kimberly Thrasher, as the surviving parents and legal representatives of Courtney Thrasher, deceased, filed a petition seeking compensation under the National Vaccine Injury Compensation Program. They alleged that Courtney Thrasher suffered an injury resulting from an influenza vaccination received on November 3, 2005, which ultimately caused her death.

The respondent, the Secretary of Health and Human Services, denied that the alleged injuries and death were caused by the flu vaccine. Despite this denial, both parties agreed to settle the issues through a joint stipulation filed on January 24, 2014.

Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the proceeding.

The stipulation awarded compensation in two parts: a lump sum of $2,937.75 to reimburse a lien for services rendered on behalf of Courtney Thrasher, payable jointly to the petitioners as legal representatives of the estate and the Alabama Medicaid Agency; and a lump sum of $100,000.00, payable to the petitioners as legal representatives of the estate, for all other damages available under 42 U.S.C. § 300aa-15(a). The total award for damages was $102,937.75.

Subsequently, on August 22, 2014, counsel for both parties filed a joint stipulation regarding attorneys' fees and costs. Special Master Brian H.

Corcoran approved this stipulation on September 16, 2014. Petitioners' counsel, Ramon Rodriguez, III, was to receive a lump sum of $33,395.00, jointly payable to the petitioners and their counsel.

Petitioners also incurred $155.00 in reimbursable costs. The total award, including damages and fees/costs, was $136,387.75.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the proposed mechanism of injury. The decision notes that the statutory cap for vaccine-related death claims under § 15(a)(2) is $250,000 plus expenses, and the stipulated award was below this cap, potentially reflecting the parties' assessment of contested causation evidence.