Q.K. v. HHS - Influenza, transverse myelitis (2021)

Ronni and Christopher Kollasch, as parents of their minor child Q.K., filed a petition for vaccine compensation on October 21, 2010, alleging that Q.K. suffered from transverse myelitis (TM) after receiving an influenza vaccine in November 2009. The parties reached a settlement, and a decision granting damages was filed in July 2012, with judgment entered in August 2012.

The settlement included a lump sum payment of $125,000 and an annuity for future care. Eight years later, in November 2020, the parents filed a motion to reopen the judgment, seeking modification of the annuity payment schedule due to changes in Q.K.'s health and the impact of the COVID-19 pandemic.

The court denied the motion, finding that the judgment was not prospective and that the circumstances did not warrant relief under RCFC 60(b)(5) or 60(b)(6). Subsequently, the petitioners' law firm filed a motion for attorney's fees and costs related to the motion to reopen.

The court granted in part the motion for fees and costs, awarding $18,729.70.