Lynn Koetje v. HHS - DTaP, acute demyelinating encephalomyelitis (2014)
Case summary [AI summaries can sometimes make mistakes]
Lynn Koetje, an adult, filed a petition on April 15, 2014, alleging that she received a DTaP vaccine on April 9, 2012, which caused her to develop acute demyelinating encephalomyelitis (ADEM) and experience residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the DTaP vaccine caused Ms.
Koetje's ADEM or any other injuries. The parties reached a stipulation to settle the case, which Special Master Laura D.
Millman adopted. Pursuant to the stipulation, Ms.
Koetje was awarded a lump sum of $90,000.00 as compensation for all damages. This award was to be paid via a check made payable to the petitioner.
A separate decision on April 22, 2014, also based on a stipulation between the parties, awarded $11,916.56 for attorneys' fees and costs. This amount was to be paid via a check made payable jointly to petitioner Lynn Koetje and her counsel, Nemes, Rooney & McKindles P.C.
The case was resolved through these damages and fees decisions based on stipulation. Scott W.
Rooney represented the petitioner, and Jennifer L. Reynaud represented the respondent.
The public decision does not describe the specific onset of symptoms, clinical details of the ADEM, diagnostic tests performed, or treatments received.
Theory of causation
Petitioner Lynn Koetje alleged that her April 9, 2012, DTaP vaccination caused her to develop acute demyelinating encephalomyelitis (ADEM) and experience residual effects for more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation. The public decision does not detail the specific mechanism of causation, expert testimony, or the medical evidence considered. The case was resolved via a stipulation for a damages award of $90,000.00, paid as a lump sum check to the petitioner, and attorneys' fees and costs of $11,916.56, paid jointly to the petitioner and her counsel, Nemes, Rooney & McKindles P.C. Special Master Laura D. Millman issued the decisions on April 15, 2014 (damages) and April 22, 2014 (fees). Petitioner was represented by Scott W. Rooney, and respondent by Jennifer L. Reynaud.
Source PDFs
USCOURTS-cofc-1_12-vv-00884