Kimberly Pedersen v. HHS - Influenza, post-vaccinal demyelinating syndrome, including transverse myelitis, Multiple Sclerosis, and fatigue (2015)

Filed 2013-03-27Decided 2015-01-07Vaccine Influenza
compensated$135,000

Case summary [AI summaries can sometimes make mistakes]

Kimberly Pedersen filed a petition on March 27, 2013, alleging that an influenza (flu) vaccination she received on October 23, 2011 caused her to develop a post-vaccinal demyelinating syndrome, including transverse myelitis, multiple sclerosis, and fatigue. Respondent denied that the flu vaccine caused petitioner's demyelinating syndrome or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed November 5, 2014 to settle the case. Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $135,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $21,133.95, payable jointly to petitioner and her counsel, Howard Scott Gold of Gold Law Firm LLC.

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

Theory of causation

Flu Oct 23, 2011 → post-vaccinal demyelinating syndrome (transverse myelitis, MS, fatigue). Joint stipulation Nov 5, 2014; SM Dorsey. Comp $135,000. Fees $21,133.95 (Gold, Gold Law Firm LLC, Wellesley Hills MA).

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