Kyle H. Goelling v. HHS - Tdap, acute disseminated encephalomyelitis (“ADEM”) (2015)

Kyle H. Goelling filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging that he developed acute disseminated encephalomyelitis (ADEM) and related sequelae as a result of receiving the tetanus-diphtheria-acellular pertussis (Tdap) and meningococcal vaccines on or about June 5, 2010.

Respondent denied that the vaccines caused Petitioner's ADEM. However, both parties agreed to settle the case through a stipulation, which was filed on February 12, 2015.

The Special Master reviewed the stipulation and found it to be reasonable, adopting it as the decision in awarding damages. The stipulation awarded Petitioner a lump sum of $325,000.00.

Subsequently, on September 1, 2015, the parties filed another stipulation regarding attorney's fees and costs. Petitioner requested reimbursement of $34,071.00 for attorney's fees and costs, to which Respondent did not object.

The Special Master approved this amount as reasonable and awarded it to be paid jointly to Petitioner and his counsel. The decision date for the attorney's fees and costs was December 16, 2015.