VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00555
Package ID: USCOURTS-cofc-1_13-vv-00555
Petitioner: Laura Hidalgo
Filed: 2013-08-07
Decided: 2016-01-07
Vaccine: influenza
Vaccination date: 2011-09-21
Condition: panic, anxiety, and agoraphobia, and exacerbated her pre-existing headaches
Outcome: compensated
Award amount USD: 15500

AI-assisted case summary:
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 field:
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).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00555-0
Date issued/filed: 2016-01-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/24/2015) regarding 64 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00555-UNJ Document 73 Filed 01/07/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
LAURA HIDALGO, * No. 13-555V
* Special Master Christian J. Moran
Petitioner, *
* Filed: November 24, 2015
v. *
* Stipulation; trivalent influenza (“flu”)
SECRETARY OF HEALTH * vaccine; tetanus-diphtheria-acellular
AND HUMAN SERVICES, * pertussis (“Tdap”); human
* papillomavirus (“HPV”); panic,
Respondent. * anxiety, agoraphobia, and headaches.
* * * * * * * * * * * * * * * * * * * * *
Kate G. Westad, Lommen Abdo, P.A., Minneapolis, MN, for Petitioner;
Lara A. Englund, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On November 19, 2015, respondent filed a joint stipulation concerning the
petition for compensation filed by Laura Hidalgo on August 7, 2013. In her
petition, Ms. Hidalgo alleged that the trivalent influenza (“flu”), tetanus-
diphtheria-acellular pertussis (“Tdap”), and human papillomavirus (“HPV”)
vaccines, which are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.
§100.3(a), and which she received a flu vaccine on or about September 21, 2011
and Tdap and HPV vaccines on or about September 30, 20112, caused her to
develop panic, anxiety, and agoraphobia, and exacerbated her pre-existing
headaches. Petitioner further alleges that she experienced the residual effects of
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.
2 Ms. Hidalgo also received a pneumococcal vaccine on September 30, 2011. Pet. at 1.
But that vaccine, which is not a pneumococcal conjugate vaccine, is not included in the Vaccine
Injury Table. See 42 C.F.R. § 100.3.

Case 1:13-vv-00555-UNJ Document 73 Filed 01/07/16 Page 2 of 7
these injuries for more than six months. Petitioner represents that there has been
no prior award or settlement of a civil action for damages as a result of her
condition.
Respondent denies that the vaccines are the cause of petitioner’s panic,
anxiety, agoraphobia, or headaches, or any other injury or her current condition.
Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A. The undersigned finds said stipulation reasonable and adopts it as the
decision of the Court in awarding damages, on the terms set forth therein:
A lump sum of $15,500.00 in the form of a check payable to petitioner,
Laura Hidalgo, representing compensation for all damages that would
be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-555V according to this decision
and the attached stipulation.3
Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00555-1
Date issued/filed: 2016-01-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/30/2015) regarding 66 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00555-UNJ Document 74 Filed 01/07/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
LAURA HIDALGO, *
* No. 13-555V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: November 30, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which respondent
* does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Kate G. Westad, Lommen Abdo, P.A., Minneapolis, MN, for Petitioner;
Lara A. Englund, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On November 19, 2015, respondent filed a stipulation of fact concerning
final attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended her
application to request $79,500.00, an amount to which respondent does not object.
The Court awards this amount.
On August 7, 2013, Laura Hidalgo filed a petition for compensation alleging
that the trivalent influenza (“flu”), which she received on or about September 21,
2011, and the tetanus-diphtheria-acellular pertussis (“Tdap”) and human
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this ruling on its website. Pursuant to Vaccine Rule 18(b), the
party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00555-UNJ Document 74 Filed 01/07/16 Page 2 of 2
papillomavirus (“HPV”), which she received on or about September 30, 2011,
caused her to develop panic, anxiety, and agoraphobia, and exacerbated her pre-
existing headaches. Petitioner received compensation based upon the parties’
stipulation. Decision, issued Nov. 24, 2015. Because petitioner received
compensation, she is entitled to an award of attorneys’ fees and costs. 42 U.S.C. §
300aa-15(e).
Petitioner seeks a total of $79,500.00 in attorneys’ fees and costs. In
compliance with General Order No. 9, petitioner advanced no monies in
reimbursable costs in pursuit of her claim. Respondent has no objection to the
amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
A lump sum of $79,500.00 in the form of a check made payable to
petitioner and petitioner’s attorney, Kate G. Westad, Lommen
Abdo, P.A., for attorneys’ fees and other litigation costs available
under 42 U.S.C. § 300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2