Martin D. Casper v. HHS - Influenza, Acute Disseminated Encephalomyelitis (ADEM) (2015)
Case summary [AI summaries can sometimes make mistakes]
Martin D. Casper filed a petition on March 10, 2014, alleging that an influenza vaccine he received on November 12, 2007, caused him to suffer Acute Disseminated Encephalomyelitis (ADEM) with residual effects lasting more than six months.
The respondent denied that the vaccine caused the alleged injury or that the petitioner's disabilities were a sequela of a vaccine-related injury. The parties reached a stipulation, which Special Master Christian J.
Moran adopted as the decision of the Court. Under the stipulation, Mr.
Casper was awarded a lump sum of $200,000.00 for all damages. Subsequently, Mr.
Casper filed a motion for attorneys' fees and costs. After the respondent raised objections to certain items and the petitioner amended the application, the parties agreed to a total of $46,616.66.
Special Master Moran awarded $44,169.00 in attorneys' fees and costs, payable to both petitioner and his counsel, Lisa A. Roquemore, and $2,447.66 in out-of-pocket litigation expenses, payable to Mr.
Casper. The total award amounted to $246,616.66.
The decision was issued on July 28, 2015, with the fees decision issued on August 17, 2015.
Theory of causation
Petitioner Martin D. Casper alleged that an influenza vaccine received on November 12, 2007, caused Acute Disseminated Encephalomyelitis (ADEM) with residual effects lasting more than six months. The respondent denied causation. The parties reached a stipulation, and the Special Master adopted it. The public decision does not describe the specific theory of causation, medical experts, clinical details, or the mechanism of injury. The case was resolved via stipulation, resulting in a total award of $246,616.66, which included $200,000.00 for damages and $46,616.66 for attorneys' fees and costs. Special Master Christian J. Moran issued the decision on July 28, 2015, and the fees decision on August 17, 2015. Petitioner's counsel was Lisa A. Roquemore, and respondent's counsel was Michael Milmoe.
Source PDFs
USCOURTS-cofc-1_14-vv-00197