Janis Schulman v. HHS - Influenza, herpes zoster (shingles) (2014)

Filed 2013-02-15Decided 2014-09-30Vaccine Influenza
compensated$40,000

Case summary [AI summaries can sometimes make mistakes]

Janis Schulman filed a petition on February 15, 2013, alleging that an influenza (flu) vaccination she received on September 21, 2011 caused her to develop shingles (herpes zoster). Respondent denied that the flu vaccination caused or significantly aggravated petitioner's alleged injury or any other injury.

Nonetheless, both parties agreed to a stipulation filed August 14, 2014 to settle the case. Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $40,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Separately, the parties had previously stipulated to attorneys' fees and costs of $36,500.00, payable jointly to petitioner and her counsel, Jeffrey S.

Pop of Jeffrey S. Pop & Associates.

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

Theory of causation

Flu Sep 21, 2011 → shingles (herpes zoster). Stipulation Aug 14, 2014; SM Gowen. Comp $40,000. Fees $36,500 (Pop, Jeffrey S. Pop & Associates, Beverly Hills CA). Fees stipulated early, before damages resolved. All DB fields correct.

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