Gwendolyn D. Adams v. HHS - Influenza, Respiratory Distress; Bronchial, Esophageal, and Intestinal problems (2015)

Merit Adams, as Personal Representative of the Estate of Gwendolyn D. Adams, filed a petition on June 14, 2013, alleging that a trivalent influenza (flu) vaccination Ms.

Adams received on October 12, 2011 caused her to suffer injuries — described as respiratory distress and bronchial, esophageal, and intestinal problems — that resulted in her death on October 14, 2011, two days after vaccination. Respondent denied that Ms.

Adams suffered any injury as a result of the flu vaccine and denied that her death was a sequela of the alleged vaccine-related injuries. Nonetheless, both parties agreed to a joint stipulation filed November 12, 2014 to settle the case.

Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The estate received a lump sum of $175,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a), paid to Merit Adams as Personal Representative of the Estate of Gwendolyn D.

Adams. The parties subsequently agreed to attorneys' fees and costs of $12,800.00, payable jointly to petitioner and her counsel, Anne C.

Toale of Maglio, Christopher & Toale, PA. Petitioner was also reimbursed $4,105.66 for personally advanced litigation costs.