Kathleen Schram v. HHS - Influenza, irritable bowel syndrome, fibromyalgia, myalgias, chronic pain, dizziness, headaches, cognitive impairments, and chronic debilitating fatigue (2016)
Case summary [AI summaries can sometimes make mistakes]
Kathleen Schram filed a petition for compensation under the National Vaccine Injury Compensation Program on August 9, 2013. Petitioner alleged that she developed irritable bowel syndrome, fibromyalgia, myalgias, chronic pain, dizziness, headaches, cognitive impairments, and chronic debilitating fatigue after receiving an influenza vaccination on or about September 16, 2010.
The respondent denied that the influenza vaccine caused petitioner to suffer any injury or that her current disabilities were a sequela of a vaccine-related injury. The parties, represented by Edward Kraus for the petitioner and Michael Milmoe for the respondent, agreed to settle the case.
On April 6, 2016, they filed a joint stipulation outlining the settlement terms. Special Master Mindy Michaels Roth reviewed the stipulation and found it reasonable, adopting it as the decision of the court.
As part of the settlement, the respondent agreed to issue a lump sum payment of $45,000.00, payable to Kathleen Schram, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.
Theory of causation
Petitioner Kathleen Schram alleged that an influenza vaccination received on or about September 16, 2010, caused her to develop irritable bowel syndrome, fibromyalgia, myalgias, chronic pain, dizziness, headaches, cognitive impairments, and chronic debilitating fatigue. The respondent denied causation. The parties reached a joint stipulation to settle the case on April 6, 2016. Special Master Mindy Michaels Roth adopted the stipulation, awarding a lump sum of $45,000.00 to petitioner Kathleen Schram. The public text does not detail the specific theory of causation, medical experts, or the mechanism of injury. Attorneys involved were Edward Kraus for the petitioner and Michael Milmoe for the respondent.
Source PDFs
USCOURTS-cofc-1_13-vv-00566