Robert Kotroczo v. HHS - MMR, acute, bilateral, acquired vestibular neuritis or labyrinthitis (2015)

Robert Kotroczo filed a petition on December 19, 2012, alleging that measles-mumps-rubella (MMR) and influenza (flu) vaccinations he received on November 11, 2011 caused him to develop acute, bilateral, acquired vestibular neuritis or labyrinthitis. Petitioner further alleged that he experienced residual effects of these injuries for more than six months.

Respondent denied that petitioner's injuries were caused by his influenza or MMR vaccinations, or that the vaccines caused any other injury. Nonetheless, both parties agreed to a joint stipulation filed December 19, 2014 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 $160,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

The parties also agreed to attorneys' fees and costs of $43,244.59, payable jointly to petitioner and his counsel, Edward M. Kraus of the Law Offices of Chicago Kent.

Petitioner had not incurred any out-of-pocket litigation expenses.