Tracy Kaps v. HHS - Influenza, left arm injury (2015)

Petitioner Tracy Kaps filed a petition on April 17, 2015, alleging that she suffered an injury to her left arm caused by an influenza vaccine she received on October 1, 2011. She further alleged that she experienced residual effects from this injury for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the petitioner's left arm injury, any other injury, or her current condition, and denied that she experienced residual effects for more than six months. Despite the respondent's denial, the parties reached a stipulation to resolve the matter.

Special Master Laura D. Millman adopted the stipulation, awarding Tracy Kaps $90,000.00 in damages, representing reimbursement for all damages available under 42 U.S.C. § 300aa-15(a).

The award was to be paid as a check to the petitioner. Subsequently, on September 28, 2015, the parties filed a stipulation regarding attorneys' fees and costs.

Petitioner asserted that she incurred no costs. After informal discussions where the respondent raised objections to certain items in the petitioner's initial application, the petitioner amended her application to $25,000.00, which the respondent did not object to.

Special Master Millman found this amount reasonable and awarded $25,000.00 for attorneys' fees and costs, to be paid as a check jointly to the petitioner and Maglio, Christopher & Toale, PA. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or the mechanism of injury.

Petitioner was represented by F. John Caldwell, and respondent was represented by Justine E.

Walters.