Lana Como v. HHS - DT, peripheral neuropathy (2015)

Lana Como filed a petition on August 2, 2013, alleging that she suffered from peripheral neuropathy as a result of a diphtheria-tetanus (DT) vaccine administered on November 26, 2010. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Petitioner's alleged injuries or current condition.

Despite this denial, the parties reached a stipulation for damages. On January 22, 2015, a decision was issued awarding Lana Como $20,000.00 in compensation for all damages, payable to Petitioner.

This amount represented compensation for all damages available under 42 U.S.C. § 300aa-15(a). The Special Master, Lisa Hamilton-Fieldman, found the stipulation reasonable and adopted it as the Court's decision.

Subsequently, on March 3, 2015, the parties filed a stipulation for attorneys' fees and costs. They agreed to an award of $19,000.00 for attorneys' fees and costs, payable jointly to Petitioner and Petitioner's counsel, Anne Carrión Toale of Maglio, Christopher and Toale, PA.

The Special Master found the petition was brought in good faith with a reasonable basis, approving the attorneys' fees and costs pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1). Judgment was to be entered in accordance with the terms of the parties' stipulations, resulting in a total compensation of $39,000.00.

Petitioner was represented by Anne Carrion Toale, and Respondent was represented by Alexis Babcock. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or the specific mechanism of causation.