Bethany Blaga v. HHS - Influenza, acute demyelinating encephalomyelitis (ADEM) (2016)

Petitioner Bethany Blaga filed a petition on September 9, 2013, alleging that an influenza vaccine she received on September 21, 2012, caused her to develop acute demyelinating encephalomyelitis (ADEM) and experience residual effects for more than six months. Respondent denied that the flu vaccine caused petitioner's ADEM or any other injury.

The parties, represented by Amber D. Wilson of Maglio, Christopher & Toale, PA for the petitioner and Traci R.

Patton of the United States Department of Justice for the respondent, agreed to a joint stipulation filed on September 10, 2015. Special Master Christian J.

Moran reviewed the stipulation and adopted it as the decision of the Court. Under the terms of the stipulation, petitioner Bethany Blaga was awarded a lump sum of $497,028.00, which included $97,028.00 for the first year of future life care plan expenses and $400,000.00 for pain and suffering, lost wages, and past unreimbursable expenses.

Additionally, an amount sufficient to purchase an annuity contract was awarded. The decision was issued on September 24, 2015.

Subsequently, on January 18, 2016, petitioner filed a stipulation of fact concerning final attorneys' fees and costs. After respondent reviewed the application and subsequent discussions, petitioner amended her application to request $75,648.72 for attorneys' fees and costs.

Respondent did not object to this amount. Special Master Christian J.

Moran issued a decision on March 8, 2016, awarding the stipulated amount of $75,648.72 in attorneys' fees and costs, payable by check to petitioner and her attorney, Amber D. Wilson.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the medical mechanism of injury.