Karl Paluck v. HHS - mitochondrial problem, aggravated mitochondrial disorder (2015)
Case summary [AI summaries can sometimes make mistakes]
On December 21, 2007, Doug and Rhonda Paluck filed a petition on behalf of their minor son, Karl Paluck, alleging that various vaccines Karl received shortly after his first birthday caused him to suffer a mitochondrial problem or, alternatively, significantly aggravated a preexisting but previously unidentified mitochondrial disorder. The case followed a protracted procedural history.
Special Master Christian J. Moran initially denied compensation.
The Court of Federal Claims vacated this denial and remanded. Special Master Moran again denied compensation.
The Court of Federal Claims reversed this second denial, finding the Palucks entitled to compensation and remanding for a determination of damages. The Secretary appealed this entitlement decision to the United States Court of Appeals for the Federal Circuit.
While the appeal was pending, the parties engaged in damages-related work, including retaining a life care planner, and reached a stipulation for damages, which was adopted on February 11, 2014. The Federal Circuit held oral argument on February 6, 2015.
The case was ultimately resolved by a proffer decision issued on August 4, 2015, with the petitioners receiving compensation. The respondent maintained that compensation was awarded based on a proffer, not a concession of causation.
The public text does not describe the specific vaccines administered, Karl's specific symptoms, diagnostic tests, or treatments. The public text also does not name the experts who testified or were consulted.
The Special Master's decisions regarding entitlement and damages are not detailed in the provided text. The provided text focuses on attorneys' fees and costs.
Petitioners received interim awards of attorneys' fees and costs on March 30, 2011 ($84,179.00 in fees, $56,699.00 in costs), October 23, 2012 ($107,703.90), and February 27, 2015 ($84,812.63). The final award for attorneys' fees and costs, covering appellate work and updating damages materials, was stipulated by the parties and awarded by Special Master Moran on January 8, 2016, in the amount of $48,000.00, payable to petitioners and their counsel, Sheila A.
Bjorklund of Lommen Abdo Law Firm. The respondent did not object to this final amount.
The public text does not specify the total compensation awarded for Karl's injury.
Theory of causation
Petitioners alleged that various vaccines administered shortly after Karl Paluck's first birthday caused him to suffer a mitochondrial problem or significantly aggravated a preexisting, previously unidentified mitochondrial disorder. The case involved a proffer decision on August 4, 2015, resulting in compensation. The respondent did not concede causation. The procedural history included multiple denials and reversals by the Special Master and the Court of Federal Claims, culminating in an appeal to the Federal Circuit. The final award of $48,000.00 on January 8, 2016, was for attorneys' fees and costs, primarily related to appellate work, and was stipulated by the parties. The specific vaccines, onset of symptoms, diagnostic findings, treatments, expert testimony, or the mechanism of injury were not detailed in the provided public text. The initial petition was filed on December 21, 2007.
Source PDFs
USCOURTS-cofc-1_07-vv-00889