Desiree Roberts v. HHS - MMR, severe anaphylactic responses and chronic cross reactive allergic reactions to non-vaccine related antigenic stimuli (2014)
Case summary [AI summaries can sometimes make mistakes]
On September 11, 2013, Desiree Roberts filed a petition under the National Vaccine Injury Compensation Program, alleging that an MMR vaccine administered on September 22, 2010, caused her to suffer severe anaphylactic responses and chronic cross-reactive allergic reactions to non-vaccine-related antigenic stimuli. The respondent, the Secretary of Health and Human Services, denied that the MMR immunization caused the petitioner's alleged chronic cross-reactive allergies or that she experienced residual effects for more than six months.
Despite these denials, both parties filed a joint stipulation on September 8, 2014, agreeing to a settlement. Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.
Petitioner was awarded a lump sum of $10,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Jeffrey S.
Pop of Beverly Hills, California. The respondent was represented by Darryl R.
Wishard of the United States Department of Justice. Subsequently, on October 16, 2014, the parties filed a stipulation concerning attorney's fees and costs.
The parties agreed to a total award of $22,636.66 for attorney's fees and costs, payable jointly to the petitioner and her attorney, Jeffrey S. Pop.
Special Master Dorsey granted this request, approving the payment of attorney's fees and costs. Lindsay Corliss of the U.S.
Department of Justice represented the respondent in this matter. The clerk of the court was ordered to enter judgment in accordance with the terms of the parties' stipulations, with judgment being expedited due to the parties renouncing their right to seek review.
Theory of causation
Petitioner Desiree Roberts alleged that an MMR vaccine administered on September 22, 2010, caused severe anaphylactic responses and chronic cross-reactive allergic reactions to non-vaccine-related antigenic stimuli. Respondent denied causation and that residual effects lasted more than six months. The parties reached a joint stipulation on September 8, 2014, settling the case. Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner $10,000.00 for all damages under 42 U.S.C. § 300aa-15(a). A subsequent stipulation on October 16, 2014, approved by Special Master Dorsey, awarded $22,636.66 in attorney's fees and costs, payable jointly to petitioner and her counsel, Jeffrey S. Pop. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Darryl R. Wishard and later Lindsay Corliss. The public decision does not describe the specific medical mechanism, expert testimony, or detailed clinical findings supporting the alleged injuries or the stipulation.
Source PDFs
USCOURTS-cofc-1_13-vv-00669