Nancy Skow v. HHS - Varicella, lipodystrophy (2015)

Filed 2013-06-17Decided 2015-07-31Vaccine Varicella
compensated$35,000

Case summary [AI summaries can sometimes make mistakes]

On June 17, 2013, Nancy Skow, as the natural mother of A.S., a minor, filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that A.S. suffered from lipodystrophy and other adverse injuries as a result of receiving Varicella and Prevnar vaccines on April 5, 2011, and experienced residual effects for more than six months.

Respondent, the Secretary of Health and Human Services, denied that the vaccines caused the alleged injuries. On March 24, 2015, the parties filed a joint stipulation for damages, agreeing that compensation should be awarded.

Special Master Nora Beth Dorsey adopted the stipulation, awarding A.S. a lump sum of $35,000.00, payable to Nancy Skow as guardian/conservator of A.S.'s estate, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was entered on March 25, 2015.

Subsequently, on June 29, 2015, the parties filed a stipulation for attorneys' fees and costs. They agreed to a total award of $28,680.07, payable jointly to the petitioner and her attorney, Lawrence R.

Cohan of Anapol Schwartz. Special Master Dorsey granted this request on July 31, 2015.

Petitioner was represented by Lawrence R. Cohan, and respondent was represented by Julia W.

McInerny. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments related to A.S.'s condition.

Theory of causation

Petitioner alleged that A.S., a minor, suffered lipodystrophy and other adverse injuries following administration of the Varicella and Prevnar vaccines on April 5, 2011. The petition alleged residual effects for more than six months. Respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award of $35,000.00 for all damages. A subsequent stipulation for attorneys' fees and costs totaling $28,680.07 was also agreed upon. Special Master Nora Beth Dorsey adopted both stipulations. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccines allegedly caused the injury, nor does it describe the specific nature of the lipodystrophy or other adverse injuries.

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