Iluminada Casillas v. HHS - Influenza, weakness, fatigue, and an abnormal gait (2016)

On August 6, 2013, Petitioner Iluminada Casillas filed a petition seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she received an influenza (flu) vaccine on January 11, 2013, and subsequently developed weakness, fatigue, and an abnormal gait.

The respondent denied that the flu vaccine caused Petitioner's alleged medical problems. Despite maintaining their respective positions, both parties agreed to a joint stipulation filed on December 4, 2015, to settle the case.

Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the Court.

The stipulation awarded Petitioner a lump sum of $25,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, a separate stipulation addressed attorneys' fees and costs.

Special Master Corcoran reviewed this stipulation and found the amount to be awarded to Petitioner's counsel to be reasonable, adopting it as his decision. A lump sum of $33,000.00 was awarded, payable jointly to Petitioner and her counsel, Andrew D.

Downing of Van Cott & Talamante, PLLC, for all attorneys' fees and costs available under 42 U.S.C. § 300aa-15(e). The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

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