Marissa Schwartz v. HHS - HPV, juvenile rheumatoid arthritis, undifferentiated connective tissue disease, and/or mixed connective tissue disease (2015)

Filed 2015-09-16Decided 2015-09-17Vaccine HPV
compensated$77,017

Case summary [AI summaries can sometimes make mistakes]

On September 16, 2015, Marissa Schwartz filed a petition alleging that she received a Tdap, meningococcal, and human papillomavirus (HPV) vaccine on September 13, 2008, and another HPV vaccine on December 18, 2008. She claimed that the HPV vaccines caused her to develop juvenile rheumatoid arthritis (JRA), undifferentiated connective tissue disease (UCTD), and/or mixed connective tissue disease (MCTD), and that she experienced residual effects for more than six months.

The respondent denied that the vaccines caused her alleged injuries. The parties subsequently reached a settlement through a stipulation of fact.

Special Master Laura D. Millman adopted the stipulation and awarded Marissa Schwartz compensation.

The award included a lump sum of $75,000.00 for all damages, payable to the petitioner. An additional lump sum of $1,000.00 was awarded, payable jointly to the petitioner and her parents, Alan and Kathleen Schwartz, for damages.

Furthermore, a lump sum of $1,017.91 was awarded to satisfy a Medicaid lien from the State of California for payments made on behalf of the petitioner. The total compensation awarded in this decision was $77,017.91.

Separately, on December 16, 2015, Special Master Laura D. Millman issued a decision awarding attorneys' fees and costs based on a stipulation.

The total award for attorneys' fees and costs was $82,244.39. This amount was split between petitioner's current attorney, Anne Carrión Toale of Maglio Christopher and Toale, P.A., who received $51,088.11, and her former attorney, David W.

Berglund of Berglund & Johnson, who received $31,156.28. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation.

Theory of causation

Petitioner Marissa Schwartz alleged that HPV vaccines administered on September 13, 2008, and December 18, 2008, caused juvenile rheumatoid arthritis (JRA), undifferentiated connective tissue disease (UCTD), and/or mixed connective tissue disease (MCTD), with residual effects lasting more than six months. The respondent denied causation. The parties resolved the case via stipulation. Special Master Laura D. Millman awarded $77,017.91 in total compensation, including $75,000.00 for damages, $1,000.00 jointly to petitioner and parents, and $1,017.91 for a Medicaid lien. A subsequent decision on December 16, 2015, awarded $82,244.39 in attorneys' fees and costs, split between current counsel Anne Carrión Toale ($51,088.11) and former counsel David W. Berglund ($31,156.28). The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.

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