Helen Lam v. HHS - Influenza, sensorineural hearing loss (2015)

Filed 2014-01-22Decided 2015-06-08Vaccine Influenza
compensated$173,788

Case summary [AI summaries can sometimes make mistakes]

Helen Lam filed a petition on January 22, 2014, under the National Vaccine Injury Compensation Program, alleging that she developed sensorineural hearing loss as a result of receiving an influenza vaccine on November 14, 2012. She further alleged that the residual effects or complications of this vaccine injury persisted for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused her condition. However, on April 14, 2015, the parties filed a joint stipulation for damages.

Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Helen Lam a lump sum of $150,000.00, payable to her, as compensation for all damages.

On May 15, 2015, the parties filed a further stipulation regarding attorneys' fees and costs. The court approved an award of $23,788.16 for attorneys' fees and costs, jointly payable to Helen Lam and her attorney, Tara O’Mahoney.

The total compensation awarded to Helen Lam was $173,788.16. The final decision on attorneys' fees and costs was issued by Special Master Dorsey on June 8, 2015.

Petitioner was represented by Tara O’Mahoney of the Law Offices of Chicago-Kent College of Law, and respondent was represented by Traci R. Patton of the United States Department of Justice.

Theory of causation

Petitioner Helen Lam alleged that she developed sensorineural hearing loss as a result of receiving an influenza vaccine on November 14, 2012, and suffered residual effects for more than six months. The respondent denied causation. The parties reached a joint stipulation for damages, which was adopted by Special Master Nora Beth Dorsey. The stipulation resulted in an award of $150,000.00 for all damages. A subsequent stipulation addressed attorneys' fees and costs, resulting in an additional award of $23,788.16, jointly payable to petitioner and her attorney, Tara O’Mahoney. The total award was $173,788.16. The public decision does not describe the specific medical mechanism, expert testimony, or clinical details supporting the theory of causation, as the case was resolved via stipulation. The decision dates were April 15, 2015, for damages and June 8, 2015, for attorneys' fees and costs. Petitioner's counsel was Tara O’Mahoney, and respondent's counsel was Traci R. Patton.

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