Laura Hidalgo v. HHS - Influenza, panic, anxiety, and agoraphobia, and exacerbated her pre-existing headaches (2016)
Case summary [AI summaries can sometimes make mistakes]
Laura Hidalgo filed a petition on August 7, 2013, alleging that a trivalent influenza (flu) vaccination she received on or about September 21, 2011 and tetanus-diphtheria-acellular pertussis (Tdap) and human papillomavirus (HPV) vaccinations she received on or about September 30, 2011 caused her to develop panic, anxiety, and agoraphobia, and exacerbated her pre-existing headaches. Petitioner alleged she experienced the residual effects of these injuries for more than six months.
Respondent denied that the vaccines caused petitioner's panic, anxiety, agoraphobia, or headaches, or any other injury. Nonetheless, both parties agreed to a joint stipulation filed November 19, 2015 to settle the case.
Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $15,500.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
The parties subsequently agreed to attorneys' fees and costs of $79,500.00, payable jointly to petitioner and her counsel, Kate G. Westad of Lommen Abdo, P.A.
Petitioner had not personally incurred any out-of-pocket litigation expenses.
Theory of causation
Flu (Sep 21, 2011) + Tdap + HPV (Sep 30, 2011) → panic, anxiety, agoraphobia, exacerbated headaches (residual >6 months). Joint stipulation Nov 19, 2015; SM Moran. Comp $15,500. Fees $79,500 (Westad, Lommen Abdo PA, Minneapolis MN; fees >> comp after 2+ years litigation).
Source PDFs
USCOURTS-cofc-1_13-vv-00555