Carolyn Mertz v. HHS - Tdap, optic neuritis (2015)
Case summary [AI summaries can sometimes make mistakes]
Carolyn Mertz filed a petition on February 7, 2014, alleging that she suffered from optic neuritis as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on February 8, 2011. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her condition.
The parties, represented by counsel Jeffrey S. Pop for the petitioner and Ryan D.
Pyles for the respondent, reached a joint stipulation for damages. On February 18, 2015, they filed a stipulation agreeing to an award of compensation.
Special Master Lisa Hamilton-Fieldman adopted the stipulation, awarding Carolyn Mertz a lump sum of $65,000.00 for all damages. Subsequently, on June 3, 2015, the parties filed a stipulation concerning attorneys' fees and costs.
The Special Master awarded $36,330.13 in attorneys' fees and costs, payable jointly to Carolyn Mertz and her counsel, Jeffrey S. Pop.
The case was resolved by stipulation, and judgment was entered accordingly.
Theory of causation
Petitioner Carolyn Mertz alleged that a Tdap vaccine administered on February 8, 2011, caused her optic neuritis. Respondent denied causation. The parties reached a joint stipulation for damages and attorneys' fees and costs. Special Master Lisa Hamilton-Fieldman adopted the stipulation, awarding Petitioner $65,000.00 for all damages and $36,330.13 for attorneys' fees and costs, payable jointly to Petitioner and her counsel, Jeffrey S. Pop. The public decision does not describe the specific theory of causation, medical experts, or clinical details of the alleged injury or its mechanism.
Source PDFs
USCOURTS-cofc-1_14-vv-00114