Nicole Eckhardt v. HHS - Influenza, anaphylaxis, non-anaphylactic allergic reaction, or acute asthma attack which caused his death (2014)

Filed 2012-11-14Decided 2014-07-29Vaccine Influenza
compensated$48,323death

Case summary [AI summaries can sometimes make mistakes]

Nicole Eckhardt, as the legal representative of her deceased minor son C.R., filed a petition on November 14, 2012, alleging that C.R. suffered an anaphylaxis, non-anaphylactic allergic reaction, or acute asthma attack which caused his death as a result of an influenza vaccine administered on November 19, 2010. The respondent was the Secretary of Health and Human Services.

On June 4, 2014, a decision was entered awarding compensation to the petitioner based on a stipulation between the parties. Subsequently, on July 29, 2014, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees and Costs.

They agreed to a total award of $48,323.16 for attorneys' fees and costs, with petitioner's counsel representing that no reimbursable costs were advanced by the petitioner. Special Master Nora Beth Dorsey granted the request for attorneys' fees and costs in the stipulated amount, ordering that a check be issued jointly to the petitioner and her attorney, Curtis R.

Webb. Judgment was to be entered in accordance with the stipulation, unless a motion for review was filed.

The decision was issued by Special Master Nora Beth Dorsey.

Theory of causation

Petitioner Nicole Eckhardt, on behalf of her deceased minor son C.R., alleged that an influenza vaccine administered on November 19, 2010, caused C.R. to suffer an anaphylaxis, non-anaphylactic allergic reaction, or acute asthma attack, resulting in his death. The public decision does not describe the specific theory of causation, medical experts, clinical details of the alleged injury or death, or the mechanism of injury. The case resulted in a stipulated award of compensation. The parties filed a stipulation concerning attorneys' fees and costs, agreeing to a total award of $48,323.16, which was granted by Special Master Nora Beth Dorsey on July 29, 2014. Petitioner's counsel was Curtis R. Webb, and respondent's counsel was Heather Lynn Pearlman. The decision does not detail the specific findings or reasoning regarding the theory of causation that led to the compensation award, as it was based on a stipulation.

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