Jennifer Smith v. HHS - Influenza, neurological injury (2015)

On December 15, 2014, Jennifer Smith filed a petition alleging that she suffered a neurological injury caused by influenza and tetanus-diphtheria-acellular-pertussis (Tdap) vaccines she received on September 30, 2011. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused the petitioner's alleged injury or any other condition.

The parties subsequently reached a settlement through a stipulation of fact. Special Master Laura D.

Millman adopted the stipulation and awarded compensation. The award included a lump sum of $450,000.00 for all damages, payable to the petitioner.

Additionally, an amount sufficient to purchase an annuity contract, as described in the stipulation, was awarded and to be paid to the life insurance company from which the annuity would be purchased. On February 10, 2015, the parties filed a separate stipulation regarding attorneys' fees and costs.

Petitioner asserted that she incurred no costs. After discussions where the respondent raised objections to certain items in the petitioner's initial application, the petitioner amended her application to $26,000.00.

The respondent did not object to this revised amount. Special Master Millman found the $26,000.00 to be reasonable and awarded it as reimbursement for attorneys' fees and costs.

This award was to be paid by check jointly to Jennifer Smith and her attorneys, Maglio, Christopher & Toale, P.A. The total compensation awarded to Jennifer Smith was $476,000.00 ($450,000.00 for damages plus $26,000.00 for fees and costs).

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. Petitioner was represented by Danielle A.

Strait, and respondent was represented by Gordon E. Shemin.