Melinda A. Schmidt v. HHS - Influenza, encephalomyelitis (2014)

Melinda A. Schmidt filed a petition on July 24, 2013, alleging that an influenza (flu) vaccination caused her to develop acute disseminated encephalomyelitis (ADEM) and that she experienced the residual effects of this injury for more than six months.

Respondent denied that the flu vaccine caused petitioner's ADEM or any other injury. Nonetheless, both parties agreed to a joint stipulation filed July 1, 2014 to settle the case.

Special Master Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $26,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

The Court also awarded attorneys' fees and costs of $10,965.40, payable jointly to petitioner and her counsel, Lawrence G. Michel of Kennedy, Berkley, Yarnevich & Williamson, Chtd.

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