Summer Perry v. HHS - Hepatitis B, myasthenia gravis, along with fatigue, muscle weakness, eyelid drooping, and fatigue-induced diplopia (2014)
Case summary [AI summaries can sometimes make mistakes]
Summer Perry filed a petition under the National Vaccine Injury Compensation Program on June 6, 2012, alleging that she suffered myasthenia gravis, fatigue, muscle weakness, eyelid drooping, and fatigue-induced diplopia as a result of receiving the Hepatitis B vaccine on June 11, 2009, July 29, 2009, and March 19, 2010. She further alleged that she experienced residual effects of her injury for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the Hepatitis B vaccinations caused or significantly aggravated her alleged injury or any other injury. The parties subsequently filed a joint stipulation agreeing to a settlement.
Under the terms of the stipulation, Summer Perry was to receive a lump sum of $40,000.00 as compensation for all damages. Special Master Thomas L.
Gowen found the stipulation reasonable and adopted it as the decision of the Court. Following this, the parties filed a stipulation for attorneys' fees and costs.
Petitioner requested $41,094.53, which the respondent did not object to. Special Master Gowen approved and awarded this amount, to be paid jointly to petitioner Summer Perry and her attorney, Mark T.
Sadaka of the Law Offices of Sadaka Associates, LLC. The public decision does not describe the onset of symptoms, specific medical tests, or treatments.
The attorneys for the petitioner were Mark T. Sadaka and Vincent J.
Marafino, and the attorney for the respondent was Darryl R. Wishard.
Theory of causation
Petitioner Summer Perry received Hepatitis B vaccinations on June 11, 2009, July 29, 2009, and March 19, 2010. She alleged that these vaccinations caused myasthenia gravis, fatigue, muscle weakness, eyelid drooping, and fatigue-induced diplopia, with residual effects lasting more than six months. The respondent denied causation or significant aggravation. The parties entered into a joint stipulation for settlement, agreeing to an award of $40,000.00 for all damages. Petitioner's counsel was Mark T. Sadaka, and respondent's counsel was Darryl R. Wishard. Special Master Thomas L. Gowen approved the stipulation on October 10, 2014. Subsequently, a stipulation for attorneys' fees and costs was filed, requesting $41,094.53, which was also approved by Special Master Gowen on November 21, 2014. The theory of causation is based on the Vaccine Injury Table (Table). The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings.
Source PDFs
USCOURTS-cofc-1_12-vv-00359