Marc Laster v. HHS - Influenza, progressive respiratory distress resulting in death (2015)

Filed 2014-09-03Decided 2015-07-28Vaccine Influenza
compensated$75,000death

Case summary [AI summaries can sometimes make mistakes]

On September 3, 2014, Terri Laster, on behalf of her deceased husband Marc Laster, filed a petition seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that Mr.

Laster suffered from progressive respiratory distress resulting in death after receiving an influenza vaccine on September 5, 2012. The respondent denied that the vaccine caused Mr.

Laster's death or contributed to it. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on September 2, 2014.

Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in the case.

The stipulation awarded a lump sum of $75,000.00, payable to Petitioner as the legal representative of the Estate of Marc Laster, as compensation for all damages. Subsequently, on February 11, 2015, the parties filed another joint stipulation regarding attorney's fees and costs.

This stipulation agreed to an award of $36,985.00, payable jointly to Petitioner and Petitioner's counsel, Isaiah Richard Kalinowski. Special Master Corcoran also approved this stipulation as reasonable.

The case was resolved by stipulation, with compensation awarded to the petitioner and for attorney's fees and costs.

Theory of causation

Petitioner Terri Laster, on behalf of the Estate of Marc Laster, alleged that Mr. Laster suffered progressive respiratory distress resulting in death after receiving an influenza vaccine on September 5, 2012. Respondent denied that the vaccine caused or contributed to Mr. Laster's death. The parties resolved the case by stipulation, agreeing to an award of $75,000.00 for all damages, payable to the Estate of Marc Laster. A subsequent stipulation awarded $36,985.00 for attorney's fees and costs, payable jointly to Petitioner and counsel Isaiah Richard Kalinowski. Special Master Brian H. Corcoran approved both stipulations. The specific medical mechanism or theory of causation was not detailed in the public decision, as the case was settled by stipulation.

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