Albert J. Michaels v. HHS - Influenza, serum sickness type autoimmune reaction (2015)
Case summary [AI summaries can sometimes make mistakes]
Albert J. Michaels filed a petition on August 11, 2015, alleging that an influenza vaccine administered on January 20, 2012, caused him to suffer a serum sickness type autoimmune reaction.
The parties subsequently filed a Joint Stipulation of Dismissal. They also filed a Joint Stipulation of Facts Concerning Final Attorneys’ Fees and Costs, agreeing to an award of $18,500.00 in attorneys' fees and costs.
Petitioner's counsel, Mark L. Krueger of Krueger & Hernandez, S.C., represented Mr.
Michaels. Debra A.
Begley of the United States Department of Justice represented the Respondent. Special Master Lisa Hamilton-Fieldman found that the petition was brought in good faith and had a reasonable basis, deeming the requested amount appropriate.
Judgment was to be entered in accordance with the stipulation. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments.
The specific mechanism of causation was not detailed in the public decision.
Theory of causation
Petitioner Albert J. Michaels alleged that an influenza vaccine administered on January 20, 2012, caused a serum sickness type autoimmune reaction. The parties filed a Joint Stipulation of Dismissal and a Joint Stipulation of Facts Concerning Final Attorneys’ Fees and Costs. The Special Master Lisa Hamilton-Fieldman found the petition was brought in good faith with a reasonable basis. The parties stipulated to an award of $18,500.00 for attorneys' fees and costs, payable jointly to Petitioner and Petitioner's counsel, Mark L. Krueger. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The outcome was a compensated award of $18,500.00.
Source PDFs
USCOURTS-cofc-1_13-vv-00182