Kaleigh N. Burgert v. HHS - Hepatitis B, transverse myelitis, chronic pain, and neuropathic pain (2015)

Filed 2013-09-12Decided 2015-07-29Vaccine Hepatitis B
compensated$210,000

Case summary [AI summaries can sometimes make mistakes]

Kaleigh N. Burgert, later known as Kaleigh N.

Anspach, filed a petition for compensation under the National Vaccine Injury Compensation Program on September 12, 2013. Petitioner alleged that Hepatitis B (Hep B) vaccinations received on July 22, 2011, and August 22, 2011, caused her to develop transverse myelitis (TM), chronic pain, and neuropathic pain, with residual effects lasting more than six months.

The respondent, the Secretary of Health and Human Services, denied that the Hep B vaccinations caused petitioner's injuries or any other injury or current condition. Despite the denial, both parties agreed to a joint stipulation filed on July 1, 2015, to settle the case.

Special Master Thomas L. Gowen reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

As part of the settlement, petitioner received a lump sum of $210,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, a lump sum of $52,209.09 was awarded for attorneys' fees and costs, payable jointly to petitioner and her attorney, Simina Vourlis, Esq.

A further lump sum of $500.00 was awarded to petitioner for out-of-pocket expenses. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the specific mechanism of causation.

Petitioner was represented by Simina Vourlis, Esq., of the Law Offices of Simina Vourlis, and respondent was represented by Alexis Babcock, Esq., of the U.S. Department of Justice.

Theory of causation

Petitioner Kaleigh N. Burgert alleged that Hepatitis B vaccinations administered on July 22, 2011, and August 22, 2011, caused her to develop transverse myelitis (TM), chronic pain, and neuropathic pain, with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation to settle the case, filed on July 1, 2015. Special Master Thomas L. Gowen adopted the stipulation. The settlement included a lump sum of $210,000.00 for damages, $52,209.09 for attorneys' fees and costs, and $500.00 for out-of-pocket expenses. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury. Petitioner was represented by Simina Vourlis, Esq., and respondent by Alexis Babcock, Esq.

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