April Huffman v. HHS - Varicella, Herpes Zoster (2015)

Filed 2014-11-05Decided 2015-07-28Vaccine Varicella
compensated$12,500

Case summary [AI summaries can sometimes make mistakes]

On November 5, 2014, April Huffman, as mother and natural guardian of B.C., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that B.C. suffered from recurrent episodes of Herpes Zoster (shingles) as a result of receiving the varicella vaccine on November 30, 2010, and that these residual effects lasted for more than six months.

The respondent denied that the vaccine caused the shingles or any other injury. However, both parties agreed to settle the case through a stipulation filed on October 31, 2014.

Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the court's decision.

The stipulation awarded $12,500.00 to purchase an annuity contract, representing compensation for all damages available under the Act. Subsequently, on March 30, 2015, the parties filed another stipulation regarding attorney's fees and costs, requesting $30,500.00.

Special Master Corcoran approved this amount as reasonable. The final decision, dated July 28, 2015, awarded the attorney's fees and costs, directing the clerk to enter judgment in accordance with the stipulation.

Petitioner was represented by Jeffrey S. Pop of Jeffrey S.

Pop & Associates, and respondent was represented by Debra Begley of the U.S. Department of Justice.

Theory of causation

Petitioner alleged that B.C. suffered from recurrent episodes of Herpes Zoster (shingles) as a result of receiving the varicella vaccine on November 30, 2010, with residual effects lasting more than six months. Respondent denied causation. The parties reached a settlement via stipulation filed October 31, 2014, agreeing to an award for Petitioner. The stipulation awarded $12,500.00 to purchase an annuity contract for all damages. A subsequent stipulation on March 30, 2015, requested $30,500.00 for attorney's fees and costs, which was also approved. Special Master Brian H. Corcoran issued decisions adopting the stipulations on December 2, 2014, and July 28, 2015. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Debra Begley.

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