Joanna King v. HHS - Influenza, numerous medical problems related to an overactive immune response (2016)

Joanna King filed a petition on August 30, 2013, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that an influenza (flu) vaccine she received on November 13, 2010, caused her to suffer "numerous medical problems related to an overactive immune response" and that these residual effects lasted for more than six months.

The Secretary of Health and Human Services, the respondent, denied that the flu vaccine caused Petitioner's alleged injuries or any other injury or current condition. Despite these opposing positions, both parties entered into a joint stipulation on January 21, 2016, 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 Joanna King a lump sum of $70,000.00, payable by check to Petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Danielle A.

Strait of Maglio Christopher and Toale, PA, and respondent was represented by Alexis B. Babcock of the U.S.

Department of Justice. Subsequently, on February 16, 2016, the parties filed a stipulation regarding attorney's fees and costs.

Petitioner requested reimbursement in the amount of $49,500, to which the respondent did not object. Petitioner's counsel represented that Petitioner incurred no out-of-pocket, litigation-related expenses.

Special Master Corcoran approved this amount as reasonable and directed that an award of $49,500 be made in the form of a check payable jointly to Petitioner and her counsel, Danielle A. Strait, Esq., for all attorney's fees and costs, representing all such fees and costs available under 42 U.S.C. § 300aa-15(e).