Geraldine Jones v. HHS - Influenza, immune-mediated thrombocytopenic purpura (ITP) (2015)

Filed 2013-10-09Decided 2015-03-09Vaccine Influenza
compensated$85,000

Case summary [AI summaries can sometimes make mistakes]

Geraldine Jones filed a petition on October 9, 2013, alleging that a trivalent influenza vaccine she received on or about October 13, 2010, caused her to develop immune-mediated thrombocytopenic purpura (ITP) with residual effects lasting more than six months. Respondent denied that the flu vaccine caused petitioner's alleged ITP or any other injury.

The parties subsequently filed a joint stipulation on January 13, 2015, to settle the case. Special Master Christian J.

Moran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $85,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Attorneys' fees and costs were awarded separately in a stipulation filed on February 10, 2015. Petitioner's counsel, Kate Westad of Lommen Abdo, P.A., initially submitted an application for fees and costs, to which respondent raised objections.

Following discussions, petitioner amended her application to request $21,000.00, an amount to which respondent did not object. Special Master Moran awarded this amount in a lump sum payable to Geraldine Jones and her attorney, Kate Westad, for attorneys' fees and other litigation costs available under 42 U.S.C. § 300aa-15(e).

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.

Theory of causation

Petitioner Geraldine Jones alleged that a trivalent influenza vaccine received on or about October 13, 2010, caused her to develop immune-mediated thrombocytopenic purpura (ITP) with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation on January 13, 2015, which Special Master Christian J. Moran adopted as the decision of the Court. Petitioner was awarded $85,000.00 in compensation. Attorneys' fees and costs of $21,000.00 were awarded separately on February 11, 2015, based on a stipulation where respondent did not object to the amount requested by petitioner's counsel, Kate Westad of Lommen Abdo, P.A. The public decision does not detail the specific medical mechanism or provide expert testimony regarding causation.

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