Kearsten Demczuk v. HHS - Tdap, reactive inflammatory arthritis (2015)
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 5, 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.
Source PDFs
USCOURTS-cofc-1_13-vv-00205