Lisa Vernon v. HHS - Influenza, chronic fatigue syndrome and fibromyalgia (2015)

Filed 2015-02-25Decided 2015-04-01Vaccine Influenza
compensated$5,000

Case summary [AI summaries can sometimes make mistakes]

Lisa Vernon filed a petition under the National Vaccine Injury Compensation Program on September 11, 2013, alleging that she suffered from chronic fatigue syndrome (CFS) and fibromyalgia as a result of receiving an influenza vaccine on September 12, 2010. The vaccine was administered in the United States.

Respondent denied that the influenza vaccine caused petitioner's conditions. The parties filed a joint stipulation on February 4, 2015, agreeing to a settlement.

Special Master Thomas L. Gowen adopted the stipulation, awarding Lisa Vernon $5,000.00 as compensation for all damages.

Subsequently, on March 11, 2015, the parties filed a stipulation for attorneys' fees and costs. Special Master Gowen awarded $11,289.21 in attorneys' fees and costs, payable jointly to petitioner and her counsel, Jeffrey S.

Pop, and $1099.79 for personal litigation costs, payable jointly to petitioner, Lisa Vernon. The total award was $12,389.00.

The decision was finalized on April 1, 2015. The public decision does not describe the specific onset of symptoms, medical tests, or treatments.

Petitioner was represented by Jeffrey Pop, and respondent was represented by Justine Walters.

Theory of causation

Petitioner Lisa Vernon alleged that an influenza vaccine administered on September 12, 2010, caused her to suffer from chronic fatigue syndrome (CFS) and fibromyalgia. The respondent denied causation. The parties reached a settlement, stipulating to an award of compensation. The theory of causation was based on the Vaccine Injury Table, as the influenza vaccine is listed. The public decision does not detail specific medical experts, the mechanism of injury, or the petitioner's specific medical history beyond the alleged conditions. Special Master Thomas L. Gowen adopted the stipulation, awarding $5,000.00 for damages and $11,289.21 for attorneys' fees and costs, plus $1099.79 for personal litigation costs, totaling $12,389.00. The decision was finalized on April 1, 2015. Petitioner was represented by Jeffrey Pop, and respondent was represented by Justine Walters.

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