Shannon Barry v. HHS - Influenza, Postural Orthostatic Tachycardia Syndrome (POTS) (2017)
Case summary [AI summaries can sometimes make mistakes]
Shannon Barry filed a petition on January 19, 2012, alleging that an influenza vaccination she received on January 21, 2009 caused her to develop postural orthostatic tachycardia syndrome (POTS), with residual effects lasting more than six months. Respondent denied that the flu vaccine caused petitioner's POTS or any other injury.
Nonetheless, both parties agreed in a stipulation filed June 23, 2016 to settle the case. Chief Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court.
Petitioner received a lump sum of $40,000.00, representing all damages available under 42 U.S.C. § 300aa-15(a). On October 25, 2016, Chief Special Master Dorsey awarded attorneys' fees and costs as follows: $78,301.11 to T.
Russell Price, Esq.; $67,456.96 to Siri and Glimstad LLP; and $11,122.86 to the Law Offices of Robert J. Krakow, P.C.
Krakow subsequently reported an overpayment of $742.89 and remitted it to respondent. On February 9, 2017, Chief Special Master Dorsey issued a final decision acknowledging the repayment and amending the judgment, reflecting corrected fees of $78,301.11 (Price), $67,456.96 (Siri/Glimstad), and $10,379.97 (Krakow).
Theory of causation
Flu Jan 21, 2009 → POTS. Residual effects >6 months. Stipulation June 23, 2016; respondent denied causation; CSM Dorsey. $40,000. Fees Oct 25, 2016: $78,301.11 (T. Russell Price) + $67,456.96 (Siri/Glimstad LLP, New York) + $10,379.97 (Krakow PC, after $742.89 overpayment correction). Granule 2 (2017-03-06) = amendment acknowledging Krakow repayment. All DB fields correct.
Source PDFs
USCOURTS-cofc-1_12-vv-00039