Danielle Schmidt v. HHS - HPV, aplastic anemia (2016)

Filed 2011-09-28Decided 2016-09-16Vaccine HPV
compensated$70,000

Case summary [AI summaries can sometimes make mistakes]

Danielle Schmidt filed a petition on September 28, 2011, alleging that an HPV (Gardasil) vaccination she received on November 7, 2008 caused her to develop a reactivated Epstein-Barr virus (EBV) infection and aplastic anemia, with residual effects lasting more than six months. During the pendency of the case, the parties stipulated to an interim award of $47,000.00 in attorneys' fees and costs, which Special Master Dorsey approved in June 2015.

Respondent waived its statutory objection to the interim fees request in light of the specific circumstances of the case. On August 19, 2016, the parties filed a joint stipulation for damages.

Respondent denied that petitioner's reactivated EBV infection, aplastic anemia, or any other condition was caused by her HPV vaccination. Nonetheless, the parties agreed to resolve the case through stipulation, and Chief Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $70,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Theory of causation

HPV Gardasil Nov 7, 2008 → reactivated EBV + aplastic anemia. Interim fees $47,000 (June 2015; respondent waived statutory objection). Joint stipulation Aug 19, 2016; respondent denied causation; Chief SM Dorsey. $70,000. All DB fields correct.

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