Catherine Bratt v. HHS - Influenza, Chronic Inflammatory Demyelinating Polyneuropathy (2016)

Virginia Versland filed a petition on December 27, 2011, on behalf of Catherine Bratt, alleging that an influenza vaccination Catherine Bratt received on January 2, 2009 caused her to develop chronic inflammatory demyelinating polyneuropathy (CIDP). Catherine Bratt was subsequently substituted as petitioner in April 2013.

On June 11, 2014, the parties filed a stipulation for interim attorneys' fees and costs. Special Master Gowen found that petitioner was entitled to an interim award under the unique facts and circumstances of the case, and awarded $71,127.43 for fees and costs incurred through May 29, 2014, payable jointly to petitioner and her counsel, Mark T.

Sadaka of Sadaka Associates LLC. Petitioner had not personally incurred any costs in pursuit of the claim.

Respondent denied that the influenza vaccination caused petitioner's CIDP or any other injury. Nonetheless, both parties agreed in a stipulation filed February 1, 2016 to settle the case.

Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received: a lump sum of $278,007.71, representing first-year life care expenses ($58,007.71) and pain and suffering and past unreimbursable expenses ($220,000.00), payable to petitioner; and an amount sufficient to purchase an annuity contract providing future life care payments.

These amounts represent all damages available under 42 U.S.C. § 300aa-15(a).