Beth Rolinger v. HHS - Influenza, Chronic Inflammatory Demyelinating Polyneuropathy (2014)
Case summary [AI summaries can sometimes make mistakes]
Petitioner Beth Rolinger filed a claim on April 22, 2014, alleging that she developed Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) as a result of receiving an influenza vaccine on October 1, 2009. She further alleged that she suffered residual effects from this condition for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's CIDP or any other condition. The parties subsequently reached a stipulation to resolve the case.
Special Master Laura D. Millman adopted the stipulation and awarded petitioner Beth Rolinger $60,000.00 in compensation for all damages.
This award was to be paid as a check made payable to the petitioner. Later, on August 19, 2014, the parties filed a stipulation regarding attorneys' fees and costs.
Petitioner asserted that she incurred no costs. After informal discussions where respondent raised objections to certain items in the initial application, petitioner amended her request to $19,000.00.
Respondent did not object to this revised amount. Special Master Millman found the $19,000.00 amount to be reasonable and awarded it as reimbursement for attorneys' fees and costs.
This award was to be paid as a check made payable jointly to petitioner Beth Rolinger and Maglio, Christopher & Toale, P.A. Petitioner was represented by Anne C.
Toale, and respondent was represented by Justine E. Daigneault.
Theory of causation
Petitioner Beth Rolinger alleged that an influenza vaccine administered on October 1, 2009, caused her to develop Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) and that she suffered residual effects for more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation, awarding $60,000.00 for all damages. A subsequent stipulation addressed attorneys' fees and costs, resulting in an award of $19,000.00, payable jointly to the petitioner and her counsel, Maglio, Christopher & Toale, P.A. Petitioner's counsel was Anne C. Toale, and respondent's counsel was Justine E. Daigneault. The specific medical theory of causation and any expert testimony or evidence considered in the stipulation are not detailed in the provided public decision text.
Source PDFs
USCOURTS-cofc-1_12-vv-00217