Jane Tomassetti v. HHS - Influenza, Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) (2014)
Case summary [AI summaries can sometimes make mistakes]
Jane Tomassetti filed a petition on April 4, 2013, alleging that an influenza (flu) vaccination she received on November 5, 2010 caused her to develop Chronic Inflammatory Demyelinating Polyneuropathy (CIDP). Respondent denied that the flu vaccine caused petitioner's CIDP or any other injury.
Nonetheless, both parties agreed to a joint stipulation filed July 10, 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 $20,239.86, payable jointly to petitioner and her counsel, Ronald C.
Homer of Conway, Homer & Chin-Caplan, P.C. Petitioner also received $66.38 for personally incurred out-of-pocket costs in pursuit of the petition.
Theory of causation
Flu Nov 5, 2010 → CIDP. Joint stipulation Jul 10, 2014; SM Dorsey. Comp $135,000. Fees $20,239.86 (Homer, Conway Homer & Chin-Caplan PC, Boston MA). Out-of-pocket $66.38. All DB fields correct.
Source PDFs
USCOURTS-cofc-1_13-vv-00234