Kathleen Olszewski v. HHS - Tdap, cellulitis and gastrointestinal symptoms due to antibiotic therapy for her cellulitis (2015)

Kathleen Olszewski filed a petition on January 14, 2013, alleging that a Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccination she received on May 3, 2011 caused her to develop cellulitis and gastrointestinal symptoms as a result of antibiotic therapy administered to treat her cellulitis, with residual symptoms lasting more than six months. Respondent denied that the Tdap vaccine caused or significantly aggravated petitioner's alleged gastrointestinal injuries, denied that she suffered residual effects of cellulitis for more than six months following vaccination, and denied that petitioner's current disabilities are the result of a vaccine-related injury.

Nonetheless, both parties agreed to a joint stipulation filed May 15, 2015 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $50,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner subsequently applied for attorneys' fees and costs, and Special Master Moran awarded $55,500.00, payable jointly to petitioner and her counsel, John DeFazio of Viola, Cummings and Lindsay, LLP.

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