Johnna Bailey v. HHS - Influenza, Bell's palsy and other autoimmune conditions (2016)
Case summary [AI summaries can sometimes make mistakes]
Johnna Bailey filed a petition on September 23, 2013, under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on February 23, 2011, caused her to develop Bell's palsy and other autoimmune conditions. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged conditions.
The parties subsequently filed a joint stipulation on November 13, 2015, agreeing to a settlement. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
Under the terms of the stipulation, Petitioner was to receive a lump sum of $5,500.00 as compensation for all available damages. Additionally, a lump sum of $93.66 was awarded to reimburse a lien held by the Ohio Recovery Unit, making the total award $5,593.66.
Petitioner's counsel was Kevin Mack of the Law Offices of Kevin Mack in Tiffin, Ohio. On January 7, 2016, the parties filed a further stipulation regarding attorneys' fees and costs.
Special Master Hamilton-Fieldman approved an award of $16,507.61 for attorneys' fees and costs, payable jointly to Petitioner Johnna Bailey and her counsel, Kevin A. Mack.
The Special Master found that the petition was brought in good faith and had a reasonable basis. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the medical experts consulted by either party.
The mechanism of causation was not detailed in the public decision.
Theory of causation
Petitioner Johnna Bailey alleged that an influenza vaccine received on February 23, 2011, caused her to develop Bell's palsy and other autoimmune conditions. Respondent denied causation. The parties entered into a joint stipulation on November 13, 2015, agreeing to compensation. Special Master Lisa Hamilton-Fieldman adopted the stipulation. Petitioner received a total award of $5,593.66 ($5,500.00 for damages and $93.66 for lien reimbursement). Attorneys' fees and costs totaling $16,507.61 were awarded on January 7, 2016, payable jointly to Petitioner and her counsel, Kevin Mack. The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the alleged causation.
Source PDFs
USCOURTS-cofc-1_13-vv-00711