Raymond Edward Black Jr. v. HHS - Influenza, significant aggravation of pre-existing cardiomyopathy, chronic left bundle branch block, and gout (2015)

Carissa A. Brink, as personal representative of the Estate of Raymond Edward Black Jr., filed a petition on August 1, 2013, alleging that an influenza (flu) vaccination administered to Mr.

Black on October 1, 2012 caused his death, or that the flu vaccine significantly aggravated his pre-existing cardiomyopathy, chronic left bundle branch block, and gout, which caused his death on February 9, 2013. Respondent denied that the flu vaccine caused or significantly aggravated Mr.

Black's cardiomyopathy, chronic left bundle branch block, gout, or any other condition. Nonetheless, both parties agreed to a joint stipulation filed December 3, 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 $8,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a), payable to Carissa Brink as personal representative of the estate.

The parties subsequently agreed to attorneys' fees and costs of $14,500.00, payable jointly to petitioner and her counsel, Juri Jelokov of Chelsey, Kroon, Harvey & Carpenter, PLLP. Petitioner had not personally incurred any out-of-pocket litigation expenses.