Kearsten Demczuk v. HHS - Tdap, reactive inflammatory arthritis (2015)

Filed 2015-04-13Decided 2015-08-26Vaccine Tdap
compensated$367,350

Case summary [AI summaries can sometimes make mistakes]

Kearsten Demczuk filed a petition on March 21, 2013, alleging that a tetanus-diptheria (TD) vaccine administered on March 23, 2010, caused her to develop reactive inflammatory arthritis. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused the injury.

However, the parties reached a joint stipulation for damages, which was approved by Special Master Lisa Hamilton-Fieldman on April 13, 2015. Petitioner was awarded a lump sum of $335,000.00 for all damages.

Subsequently, on August 4, 2015, the parties filed a stipulation concerning attorneys' fees and costs, agreeing to an award of $32,350.00. Special Master Hamilton-Fieldman found the petition was brought in good faith with a reasonable basis and awarded the agreed-upon amount for fees and costs on August 26, 2015.

The total compensation awarded to Kearsten Demczuk was $367,350.00. Petitioner was represented by Frederick J.

Daley, Jr. of Daley Disability Law, P.C., and respondent was represented by Ann Martin of the United States Department of Justice.

Theory of causation

Petitioner Kearsten Demczuk alleged that a tetanus-diptheria (TD) vaccine administered on March 23, 2010, caused her to suffer from reactive inflammatory arthritis. The respondent denied causation. The parties reached a joint stipulation for damages, awarding Petitioner $335,000.00 for all damages. Attorneys' fees and costs were stipulated at $32,350.00. Special Master Lisa Hamilton-Fieldman approved the stipulations on April 13, 2015 (damages) and August 26, 2015 (fees and costs), finding the petition was brought in good faith with a reasonable basis. The public decision does not describe the specific medical mechanism, onset, symptoms, tests, treatments, or expert testimony relied upon for the causation theory or the stipulation. Petitioner was represented by Frederick J. Daley, Jr., and respondent by Ann Martin.

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