Mae Miller v. HHS - Influenza, polyarthritis and/or rheumatoid arthritis (2015)

Filed 2013-10-25Decided 2015-07-01Vaccine Influenza
compensated$50,000

Case summary [AI summaries can sometimes make mistakes]

Mae Miller filed a petition on October 25, 2013, alleging that an influenza vaccine she received on October 29, 2010, caused her to develop polyarthritis and/or rheumatoid arthritis with residual effects lasting more than six months. Respondent denied that the flu vaccine caused petitioner's alleged injuries or any other injury.

The parties, however, agreed to a joint stipulation filed on December 23, 2014, to settle the case. Special Master Christian J.

Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $50,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Separately, attorneys' fees and costs totaling $17,000.00 were awarded to petitioner's counsel, Jeffrey A. Golvash of Brennan, Robins & Daley, P.C.

The decision regarding fees and costs was issued on July 1, 2015, also by Special Master Christian J. Moran, based on a stipulation filed on May 27, 2015, where respondent did not object to the requested amount after petitioner amended her application.

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

Theory of causation

Petitioner Mae Miller alleged that an influenza vaccine received on October 29, 2010, caused polyarthritis and/or rheumatoid arthritis with residual effects lasting more than six months. Respondent denied causation. The parties entered into a joint stipulation on December 23, 2014, to settle the claim. Special Master Christian J. Moran adopted the stipulation, awarding $50,000.00 in compensation for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $17,000.00 were awarded separately on July 1, 2015, based on a subsequent stipulation. The public decision does not detail the specific medical mechanism or name any experts.

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