Janet Deyear v. HHS - Hepatitis B, severe asthma and chronic sinus disease (2015)

Filed 2013-04-29Decided 2015-04-15Vaccine Hepatitis B
compensated$35,000

Case summary [AI summaries can sometimes make mistakes]

Janet Deyear filed a petition on May 3, 2013, alleging that three doses of hepatitis B (HepB) vaccine she received on April 27, May 25, and October 12, 2010 caused her to develop severe asthma and chronic sinus disease and that she experienced the residual effects of these conditions for more than six months. Respondent denied that the HepB vaccine caused petitioner's injuries or her current disabilities.

Nonetheless, both parties agreed to a joint stipulation filed September 11, 2014 to settle the case. Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $35,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $15,445.33, payable jointly to petitioner and her counsel, Margaret M.

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

Theory of causation

HepB × 3 (Apr 27, May 25, Oct 12, 2010) → severe asthma + chronic sinus disease (residual >6 months). Joint stipulation Sep 11, 2014; SM Gowen. Comp $35,000. Fees $15,445.33 (Guerra, Margaret M. Guerra Attorney at Law, Fort Worth TX).

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