Gwen Jasmin v. HHS - Influenza, cerebellar ataxia and a seizure disorder (2016)
Case summary [AI summaries can sometimes make mistakes]
On January 30, 2014, Gwen Jasmin filed a petition on behalf of her minor son, D.R.J., alleging that an influenza vaccine administered on February 17, 2012, caused him to suffer from cerebellar ataxia and a seizure disorder. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused D.R.J.'s condition or any other injury.
However, the parties filed a joint stipulation for damages, attorneys' fees, and costs. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
Petitioner and her attorney, Andrew Downing, were awarded a total of $41,736.16. This amount comprised $10,000.00 for D.R.J.'s damages and $31,736.16 for attorneys' fees and costs.
Judgment was entered in accordance with the stipulation.
Theory of causation
Petitioner alleged that an influenza vaccine administered on February 17, 2012, caused D.R.J. to suffer from cerebellar ataxia and a seizure disorder. The respondent denied causation. The parties filed a joint stipulation for damages, attorneys' fees, and costs, which was adopted by Special Master Lisa Hamilton-Fieldman. The public decision does not describe the specific theory of causation, medical experts, onset of symptoms, clinical details, or the mechanism of injury. The award was $10,000.00 for D.R.J.'s damages and $31,736.16 for attorneys' fees and costs, totaling $41,736.16.
Source PDFs
USCOURTS-cofc-1_14-vv-00086