Kimberly D. Barbera v. HHS - Influenza, granuloma annulare, left arm and shoulder tingling, numbness, pain and itchiness (2014)

Filed 2013-02-25Decided 2014-07-22Vaccine Influenza
compensated$15,000

Case summary [AI summaries can sometimes make mistakes]

Kimberly D. Barbera filed a petition on February 25, 2013, alleging that an influenza (flu) vaccination she received on October 21, 2011 caused her to develop granuloma annulare and left arm and shoulder tingling, numbness, pain, and itchiness, and that she experienced the residual effects of these injuries for more than six months.

Respondent denied that the flu vaccine caused petitioner's injuries or any other condition. Nonetheless, both parties agreed to a joint stipulation filed June 27, 2014 to settle the case.

Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court in a single combined decision addressing both damages and attorneys' fees. Petitioner received a lump sum of $15,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Attorneys' fees and costs of $27,569.58 were awarded jointly to petitioner and her counsel, Carol L. Gallagher of Carol L.

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

Theory of causation

Flu Oct 21, 2011 → granuloma annulare + left arm/shoulder tingling/numbness/pain/itchiness (residual >6 months). Joint stipulation Jun 27, 2014; SM Gowen (single combined decision). Comp $15,000. Fees $27,569.58 (Gallagher, Carol L. Gallagher Esquire LLC, Linwood NJ).

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