Beatrice Sywassink v. HHS - Influenza, neurological injury (2014)

Filed 2012-09-19Decided 2014-09-02Vaccine Influenza
compensated$300,000

Case summary [AI summaries can sometimes make mistakes]

Beatrice Sywassink filed a petition on September 19, 2012, alleging that an influenza vaccination caused or significantly aggravated a neurological injury. Respondent denied that the vaccination caused petitioner's injuries.

Nonetheless, both parties agreed to settle the case via a stipulation filed March 10, 2014. Special Master Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $300,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). On August 8, 2014, the parties filed a stipulation of attorneys' fees and costs.

Special Master Hamilton-Fieldman awarded $14,429.88 payable jointly to petitioner and current counsel Christina Ciampolillo of Conway, Homer & Chin-Caplan, P.C.; $3,706.13 payable jointly to petitioner and former counsel Davey L. Turner; and $350.00 to petitioner personally, for a total of $18,486.01.

Theory of causation

Flu (date not stated in available staging text) → neurological injury. Stipulation Mar 10, 2014; respondent denied causation; SM Hamilton-Fieldman. $300,000. Fees $18,486.01 (Ciampolillo/Turner, Conway Homer & Chin-Caplan, Boston MA). All DB fields correct.

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