Kimberly Simmonds v. HHS - Influenza, peripheral neuropathy (2015)

Filed 2012-10-25Decided 2015-05-13Vaccine Influenza
compensated$25,000

Case summary [AI summaries can sometimes make mistakes]

Kimberly Simmonds filed a petition on October 25, 2012, alleging that an influenza (flu) vaccination she received on September 19, 2011 caused her to develop peripheral neuropathy, with residual effects lasting more than six months. Respondent denied that the flu vaccine caused or significantly aggravated petitioner's alleged injury or any other injury, and denied that her current disability was the result of a vaccine-related injury.

Nonetheless, both parties agreed in a joint stipulation filed March 20, 2015 to settle the case. Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $25,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). On April 10, 2015, the parties filed a stipulation of attorneys' fees and costs.

Special Master Dorsey awarded $30,850.00, payable jointly to petitioner and her counsel, Mark T. Sadaka of Mark T.

Sadaka, LLC. Petitioner had not personally incurred any out-of-pocket costs.

Theory of causation

Flu Sep 19, 2011 → peripheral neuropathy. Joint stipulation Mar 20, 2015; SM Dorsey. $25,000. Fees $30,850 (Sadaka, Mark T. Sadaka LLC, Englewood NJ).

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