Sharon Rosenbaum v. HHS - Influenza, chronic regional pain syndrome (2014)
Case summary [AI summaries can sometimes make mistakes]
Sharon Rosenbaum filed a petition on November 5, 2014, alleging that she developed chronic regional pain syndrome (CRPS) as a result of receiving an influenza vaccine on October 24, 2012. She further alleged that she experienced residual effects of her injury for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused petitioner's CRPS or any other injury. Despite this denial, the parties reached a joint stipulation for damages and attorneys' fees and costs, which Special Master Thomas L.
Gowen adopted as the court's decision. Ms.
Rosenbaum was awarded a lump sum of $45,000.00 for all damages. Additionally, attorneys' fees and costs totaling $29,000.00 were awarded.
This amount was split between two law firms that represented her: $25,300.00 for work performed at Hennelly & Steadman, PLC, and $3,700.00 for work performed at Van Cott & Talamante, PLLC. Andrew D.
Downing represented the petitioner. Gordon E.
Shemin represented the respondent. The parties agreed to waive their right to seek review, expediting the entry of judgment.
Theory of causation
Petitioner Sharon Rosenbaum alleged that an influenza vaccine administered on October 24, 2012, caused her to develop chronic regional pain syndrome (CRPS) and that she experienced residual effects for more than six months. The respondent denied causation. The parties reached a joint stipulation for damages and attorneys' fees and costs. The Special Master adopted the stipulation as the decision of the Court. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. The award included a lump sum of $45,000.00 for all damages and $29,000.00 for attorneys' fees and costs, split between Hennelly & Steadman, PLC ($25,300.00) and Van Cott & Talamante, PLLC ($3,700.00), with Andrew D. Downing as petitioner's counsel and Gordon E. Shemin as respondent's counsel. Special Master Thomas L. Gowen issued the decision on December 2, 2014.
Source PDFs
USCOURTS-cofc-1_13-vv-00548