Ana Ortega v. HHS - Influenza, shoulder injury (2015)
Case summary [AI summaries can sometimes make mistakes]
Ana Ortega filed a petition for compensation on January 21, 2015, alleging that the influenza vaccine she received on November 17, 2011, caused her to suffer a shoulder injury. The case proceeded based on a stipulation of fact concerning final attorneys' fees and costs.
Petitioner had previously submitted an application for attorneys' fees and costs, to which respondent initially raised objections. Following discussions, petitioner amended her application to request $37,954.63 for attorneys' fees and costs, an amount to which respondent did not object.
Petitioner also stated that she incurred $45.37 in out-of-pocket litigation expenses. Special Master Christian J.
Moran awarded a lump sum of $37,954.63 payable to petitioner and her attorney, Ronald C. Homer, for attorneys' fees and litigation costs.
Additionally, a lump sum of $45.37 was awarded, payable to Ana Ortega, for her out-of-pocket expenses. The total award was $38,000.00.
The decision was issued on January 21, 2015, and subsequently filed on February 18, 2015.
Theory of causation
The petitioner, Ana Ortega, alleged that the influenza vaccine received on November 17, 2011, caused a shoulder injury. The case proceeded as a Table claim, and the parties reached a stipulation for compensation. The public decision does not describe the specific medical facts, onset, symptoms, tests, treatments, or expert testimony related to the alleged shoulder injury. The theory of causation is not detailed in the provided text, other than it being a Table claim. The Special Master Christian J. Moran awarded compensation based on a stipulation regarding attorneys' fees and costs, totaling $38,000.00 ($37,954.63 for attorneys' fees and costs, and $45.37 for out-of-pocket expenses). The decision date was January 21, 2015. Petitioner's counsel was Ronald C. Homer, and respondent's counsel was Amy P. Kokot.
Source PDFs
USCOURTS-cofc-1_12-vv-00703